Bonum Certa Men Certa

Pharma Patents Have Become Harder to Enforce, So IAM Together With the Patent Microcosm Sets Up Lobbying Events

IAM: When "alternative facts" are up for sale (if one can afford them)

Battistelli and IAM



Summary: The difficulty associated with enforcing certain types of patents (more so after Mayo and €§ 101) means that litigious attitudes and reliance on law firms are decreasing; IAM strikes back with another one of its many lobbying events (designed to shape public opinion and influence key decision-makers)

THE concept of patents is pretty much universal, but not all patents are created equal. There are different sorts of patents ("families") pertaining to or belonging to different domains. Speaking of them all as though they're the same is the recipe for meaningless debates. Not all patents, for example, are a matter of life or death. Ethical aspects apply in some cases; sometimes pure economics.



"Not all patents, for example, are a matter of life or death."As we discovered quite recently, EPO oppositions can crash companies. In other words, wrong decisions (or intentions) to grant can be truly harmful and pretty awful to workers. Things get pretty freaky when patents are being claimed on life itself. Forward Pharma lost 30% of its value (or valuation) in just one day at the end of January. This was due to an EPO decision. Yes, some sectors are over-reliant on patents; there's no question about it. Here's an example from two days ago: (in the UK)

Shares in Scancell Holdings PLC rose sharply on Friday morning as the company said its Moditope immunotherapy platform is to be granted a European patent.

Scancell shares were up 11% on Friday at 13.54 pence per share.


How good is this European Patent (EP)? Well, there's lack of certainty under Battistelli, so Scancell Holdings PLC might be the next Forward Pharma (a one-day collapse).

"What we have here is a cross-continental fight taken up to the ITC and failing, having heavily relied on a patent from the USPTO."Pacific Biosciences is meanwhile attempting to 'compete' by causing embargo of its rival, Oxford Nanopore. We wrote about it some days ago and received plenty of comments from people involved in this matter. It's yet another one of those ITC examples where patent litigation is geared towards embargoes and bankruptcies, not innovation. Here is what the face-saving press release said (striving to justify waste of shareholders' money, spent on litigation). This campaign of patent litigation by Pacific Biosciences backfired pretty badly. "Pacific Bio down 2% premarket on ITC patent ruling," Wall Street media stated shortly thereafter. To quote: "The ITC interpreted the term "single-molecule sequencing" as limited to sequencing-by-synthesis approaches, determining that Oxford's sequencing approach is not "single-molecule sequencing.""

What we have here is a cross-continental fight taken up to the ITC and failing, having heavily relied on a patent from the USPTO.

We have become increasingly supportive of the USPTO because it continues to deny patents on life and even software patents. PTAB helps and gravitates towards that. See the latest PTAB Life Sciences Report by John Cravero and Pharma Patents Blog writing about 35 U.S.C. €§ 101 rejections (not just based on Alice but also Mayo):

We’ve written previously about ex parte decisions of the Patent Trial and Appeal Board (PTAB) affirming patent eligibility rejections that seem to be inconsistent with the USPTO’s Subject Matter Eligibility Guidance. Apparently, applicants should be wary about appealing any rejection of a diagnostic method claim, because the PTAB may enter sua sponte patent eligibility rejections even if the examiner did not make a €§ 101 rejection.


Aside from €§ 101 there's also 35 U.S.C. €§ 102. Hospira, based on this blog post, wins again. MedCo's patent has been declared bogus as per €§ 102. To quote:

In the litigation, Hospira argued both (1) that the MedCo patents were invalid and (1) that Hospira’s proposed generic Angiomax drug would not infringe. The district court sided with MedCo on the first point (patents not invalid) but with Hospira on the second (patents not infringed). On appeal, the Federal Circuit has affirmed the non-infringement ruling but reversed on the on sale issue. The interesting portion is the on sale question.


Benjamin Anger and Jacob R. Rosenbaum wrote about it some days ago (very detailed).

"They get what they paid for. It's pure lobbying/marketing."As one can expect, the litigation 'industry' isn't particularly happy about that. Many patents are being invalidated, which must be causing decrease in demand for patents and lawsuits (their main "offerings" or "services" or "products").

There's a "Pharma and Biotech IP Summit" being organised by IAM and as one can expect, the bill for this lobbying event is being footed by the main participants. "Finnegan is a Gold sponsor of IAM Magazine," it says. There's therefore a paid-for 'talk' (marketing). This not only helps Finnegan control the 'debate'; it also keeps IAM on their 'good side' (maybe IAM will give Finnegan some more of these bogus 'rewards' or 'endorsements'). "Jen Roscetti will present "The View from the United States" at @IAM_magazine's #Pharma and #Biotech #IP Summit in London," Finnegan wrote the other day. They get what they paid for. It's pure lobbying/marketing.

"Either way, "Pharma and Biotech IP Summit" is an IAM sham. It's sponsored by and dominated by the patent microcosm."With all honesty, more people ought to speak out about IAM's "business model", which involves collecting cash, pushing agenda (in the form of 'news' or staged 'debates'), offering bogus 'endorsements', and issuing 'studies' for people like Battistelli (bolstering his lies). There's nothing benign about it. IAM is effectively a think tank and even some less senior insiders must have realise it. Several of them left, only to be replaced by relatively young and inexperienced writers. Tim Lince, it should be noted, is still listed as a writer at IAM, but he wrote nothing this year and only 1 (one!) blog post last year. Many writers left and perhaps associating with people Battistelli (as we last noted last night) won't save them but only cause further harm.

Either way, "Pharma and Biotech IP Summit" is an IAM sham. It's sponsored by and dominated by the patent microcosm. It's like a propaganda platform facilitated by Joff Wild and his cohorts. He did the same for UPC (with cash from the EPO's PR firm).

Recent Techrights' Posts

Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
 
It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026
Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier