Summary: The Patent Trial and Appeal Board (PTAB) sees the number of filings up to an almost all-time high and efforts to undermine PTAB are failing pretty badly -- a trend which will be further cemented quite soon when the US Supreme Court (quite likely) backs the processes of PTAB
THE subject we've been writing a lot about in recent years concerns the (re)assessment of patents in the US. If some given patent is good and was justifiably granted, then PTAB will let it be; the PTAB, however, is typically approached when there's some questionable patent, especially if that patent starts being used for threats if not actual lawsuits. PTAB helps protect from patent injustices without incurring the costs of a lengthy court battle. And we know who profits from lengthy court battles...
"They will probably attack the Justices quite soon (over Oil States)."Seeing the response to the above, we are not surprised. Patent extremists are upset. Even though their attacks on PTAB have slowed down*, they are looking for something to complain about. They will probably attack the Justices quite soon (over Oil States).
Watchtroll is now latching onto a patent scam of Allergan and the St. Regis Mohawk Tribe just because it hates PTAB so much. As usual, patent law firms wrongly assume that they 'own' the world and attack everyone, including judges, practicing companies, politicians etc. Watchtroll merely repeats something which was noted in Patent Docs days earlier. Patent Docs's Kevin Noonan meanwhile loses his mind over the prospect that the patent scam may soon be ruled illegal by US Senate. Here's what he wrote less than a day ago:
In a development that could moot (once and for all) the controversy over tribal sovereign immunity occasioned by the St. Regis Mohawk Tribe's ownership of patents relating to Allergan's Restasis formulation for treating disorders of the eye, a group of Senators including Tom Cotton (R-AK), Claire McCaskill (D-MO), Pat Toomey (R-PA), Joni Ernst (R-IA), and David Perdue (R-GA) introduced a bill to broadly abrogate assertion of tribal sovereign immunity in any patent-related proceeding.
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Insofar as Congressional authority over tribal sovereign immunity is "plenary," United States v. Lara, 541 U.S. 193, 200 (2004) ("the Constitution grants Congress broad general powers to legislate in respect to Indian tribes, powers that we have consistently described as 'plenary and exclusive'"), and in view of the Senators' politic framing of the issue both as an abuse and a cause of higher drug prices, only the seeming inability of this Congress to pass anything other than tax "reform" is likely to stop the bill from being enacted into law. Perhaps the Supreme Court will rule IPRs unconstitutional in Oil States Energy Services v. Greene's Energy Group, or the pharmaceutical industry or Native American tribes can arrange matters to have naysayers be the last group to speak with Mr. Trump before he is called upon to veto the bill. Otherwise it is likely that this particular procedural gambit has run its course.