Bonum Certa Men Certa

Saint Regis Mohawk Tribe Blind to Its Participation in a Scam Around Patents on Nature

Recent: Allergan/Mohawk 'Sovereign Immunity' Patent Scam (Dodging PTAB) Backfires Spectacularly

Tired man Without even shedding a tear over what they've done (a betrayal to Native American values)



Summary: For over $20,000,000 (so far) the Saint Regis Mohawk Tribe has agreed to pretend that it has something to do with controversial patents of Allergan, in effect grossly abusing the concept of tribal immunity while at the same time enabling privatisation of nature

THIS SITE typically focuses on software patents and Alice. But a few other high-level decisions, notably Mayo, impact patent scope as well. There are many bogus USPTO patents which are well overdue for a review by the Patent Trial and Appeal Board (PTAB) and maybe the Federal Circuit as well. That includes patents of Allergan, which is visibly afraid of PTAB, knowing perhaps that its patents are questionable and would likely be voided upon closer scrutiny.

Allergan hired some dodgy law firm that bullies bloggers like myself; they are maximalists of patent law who are resorting to outright "scams" now (many people call it a "scam").

"Allergan hired some dodgy law firm that bullies bloggers like myself..."Patently-O's Dennis Crouch has in fact just given the platform to these patent "scammers" who misuse tribal immunity to cushion/shield monopoly of Allergan (based on bogus patents). Michael Gulliford, an advisor to the Saint Regis Mohawk Tribe and the Founder of Soryn IP Group, uses terms like "controversial" and “death squad” to refer to PTAB. He compares judges and courts to assassins basically. What a lunatic.

He admits upfront that the tribe takes "$13.75 million upfront, with continuing royalty payments of $3.75 million per quarter" to participate in a "scam" of Allergan. This is pure greed and mischief. The tribe's reputation is dead. They know it. In his own words:

Native Americans and patents don’t make headlines. That changed when the Saint Regis Mohawk Tribe, located in upstate New York, conceived a lucrative transaction that saw Allergan transfer patents covering the dry eye drug Restasis€® to the Tribe. In return, the Tribe agreed to use its sovereign status to protect the patents from a controversial administrative proceeding coined the patent “death squad”, and to license the patents to Allergan. Allergan paid the Tribe $13.75 million upfront, with continuing royalty payments of $3.75 million per quarter.


The tribe now has very serious trouble in its hands; it has become widely associated with apatent "scammers" (especially in news headlines). These tribes are usually renowned with preservation and opposition to private ownership; this tribe is now known for the very opposite. It's a greedy opportunist that helps a bunch of billionaires have a monopoly on nature.

"The tribe now has very serious trouble in its hands; it has become widely associated with a patent "scammers" (especially in news headlines)."Whose idea was it? The lawyers', no doubt, both Allergan's and the tribe's. "AstraZeneca sign[ed] [an] $1.5B antibody deal with Allergan" a couple of years ago, so it's clear that they increasingly just rely on notorious patents on life.

As we noted here before, Patent Docs habitually promotes patents on life (stuff like CRISPR and beyond) and a few hours ago it republished a page ("Antibodies in the European Patent Office") from a patent law firm, noting upfront that "[t]he following article was reprinted with permission from J A Kemp." (who habitually write about the EPO, e.g. [1, 2, 3]

It starts with a discussion about Supplementary Protection Certificates (SPCs), which Team UPC keeps promoting, and then there's this:

This Advanced Guide is drawn primarily from our experience prosecuting large numbers of antibody cases before the EPO and our discussions with EPO examiners. This may raise the question: Why is there so little supporting case law?

The main reason is that antibody case law at the EPO has been relatively slow to develop in recent years. In our opinion this is because the most common pending antibody applications during this period have focused narrowly on a lead molecule or molecules of the applicant.


It really comes to show just how much uncertainty surrounds these patents. They're almost shrouded in mystery. Well, the examiners at the EPO are resisting these, but patent maximalists such as Team UPC push back hard, sometimes together with IAM. Lately we've been receiving pointers to sites which oppose patents on life; EPO insiders, perhaps witnessing public protests to that effect, understand the injustice/irrationality of such a concept. What will the Boards of Appeal, whose member has allegedly been bullied into severe depression by Battistelli's abuses, do on that matter?

Recent Techrights' Posts

BetaNews Appears to Have Fired All Of Its Staff
Even serial sloppers
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
 
The Right to Know and the Freedom to Report on Crime (at the Higher Echelons)
I'd like to do the same thing for the next 20 years
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025
Links 17/06/2025: "The Grift Economy" and Kubernetes Does Proprietary
Links for the day
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025