Bonum Certa Men Certa

With $2.5 Billion in Claimed (and Won) 'Damages' in One Single Patent Case of a Pharmaceutical Giant, Does the Patents for 'Small Guy' Myth Still Pass Muster?

Even the iconic light bulb invention is an epic example of corporate raiding (Thomas Edison, a famous patent troll-like personality, didn't invent it)

Hand idea



Summary: A look at a record-breaking patent decision where the winner denies affordable access to medicine and other new examples of large companies crushing small competitors (that are not patent trolls)

WHILE BILLIONAIRES' favourite media pushes a misleading narrative of "patents for the little guy" it is important to remind ourselves who runs the USPTO, who the USPTO works for, and who the USPTO speaks to (e.g. in consultations that are misleadingly called "roundtables" every once in a few years). Under Battistelli's autocracy the same thing has been happening at the EPO.



Days ago, not too long before Christmas, Professor Crouch said that "Merck’s sub Idenix was just awarded $2.54 billion for Gilead’s infringement of its Hep-C treatment patents. Asserted patents include Nos. 6,914,054, 7,105,499, 7,608,597, and 8,481,712.. D.Del. Case No.14-cv-00846-LPS. Merck announced that a patent right “guarantees a period of return on investment [and as such] patent protection provides the research-based pharmaceutical and biotechnology industries with an incentive to invest in research and development.”"

Will the money be pumped into R&D? Of course not. Merck is lying as usual (see our articles about Merck [1, 2, 3]). Does society benefit from the increased pricing? Obviously not. Those who benefit here are already-affluent shareholders and executives. "A Delaware jury has ordered Gilead Sciences to pay $2.54 billion in damages to Merck," MIP wrote. And what for? It's "for infringing a patent related to hepatitis C treatment." In other words, monopoly on potentially life-saving drugs. "It is the largest-ever patent damages award," MIP wrote.

Suffice to say, hepatitis C does not affect many people in rich countries.

Readers of ours, or readers of sites like IP Watch, will certainly understand what's wrong with this. It also serves to remind us who this patent system is for: billionaires. Not poor, ill, impoverished people.

Here is another new report that asks: "Are preliminary injunctions regarding patents in the drug, chemical and medical device industry more likely to succeed than PIs for other types of patents?"

For those who don't know what injunctions technically mean, a term like embargo might be more familiar. And who suffers? Or dies? Poor people of course.

Returning to the notion of "reasonable" patent tax, here we have Patently-O entertaining words like "fair", "reasonable" and "non-discriminatory", which are spurious euphemisms so often used to soften the image of reduction in access to medicine. To quote Patently-O:

A new draft paper by Professor Michael Risch (Un)Reasonable Royalties positions itself as a major reconsideration of the way that we calculate damages in patent cases. This revolution has been brewing in academic circles, but I expect the spillovers into case law will be coming soon. Over the past few years the Federal Circuit has pushed for more explicit discussion and explanation of damages. (See Lucent and Uniloc). However, Risch argues that the result has been a “piling” of “rigid rules” rather than economic rationality.


There should be ethical rationality, not just economic rationality, assuming that laws should be written for society as a whole, not just top wealth holders (or hoarders). Sadly, we still live in a world where copyright law and patent law are dominated by few conglomerates, to be used as tools of oppression or occupation against the population at large.

"Tile Tech had also destroyed evidence," said another new article from Patently-O, noting that some firms that are accused of patent infringement are now being treated like criminals (with forensic terminology). To quote:

United Construction was won on default judgment and was awarded a permanent injunction to bar Tile Tech from ongoing infringement of its U.S. Patent No. 8,302,356. Although Tile Tech had participated in the case, it had missed many discovery deadlines and had produced only two document – both of which were nonresponsive. The district court issued an order to comply with a warning that failure to comply would result in default judgment. Tile Tech did not respond to the order and the court then entered default judgment. (Tile Tech had also destroyed evidence …)


So from what we can gather, here we have another relatively small company being pushed around by a much bigger company. The only case where the smaller party is the plaintiff tends to be a classic troll case, where the plaintiff makes nothing at all and just tours the courts (or demands settlements out of court). Where are those mythical stories about little inventors (not patent trolls) 'sticking it' to Goliaths?

Recent Techrights' Posts

What EPO Staff, the Staff Union of the European Patent Office (SUEPO), and Europe Want and Need
Who should be served by patents?
 
Links 19/04/2026: Mass Layoffs at GAFAM Again (10% Laid Off), Azure Capacity Problems (Enshittification)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 18, 2026
IRC logs for Saturday, April 18, 2026
GAFAM Decided to Stop 'Old' Formats From Working, Format-Shifting Treadmills Resemble the Certificate Cartel Keeping Everybody Forever Chasing Rotations
Lots of extra chores because those who control the browsers decided that "too much choice" is bad, so they'll break "old" sites and make multimedia that's "old" not work anymore (not playable)
Nothing But Vapourware Since XBox Leadership Ousted and Mass Layoffs Will Come Soon
We just don't know the exact date/s... yet
Gemini Links 18/04/2026: Guix and WikiReader
Links for the day
Network Maintenance Next Friday
We must be doing a terrific job so far given how much money gets spent trying to silence us
"The Work-to-rule is Having Effect" at the European Patent Office (EPO)
The media knows how to contact SUEPO, but it's clearly not doing it
Improving the Sites, Not Bloating Them
Sites need to evolve over time. Many conflate evolution with bloat (as if more complexity is desirable).
SLAPP Censorship - Part 50 Out of 200: The Time Staff of Law Firm Burgess Mee Was Showing Up in Letters Sent for a Serial Strangler From Microsoft
Family-friendly? No.
Next Week the Star of the "EPO Reality TV Show" Will Likely be Absent (Absconding the Tough Reality of Widespread Unrest)
He tarnishes the legacy of that surname and the country's image by spouting out lies and hurling abusive insults (lots of the "f word") at staff
Speculations That IBM's CEO is on His Way Out
IBM has mass layoffs, but the media is not covering this [...] IBM is a company in the loo, a firm in a state of rapid disintegration
Slopwatch Was Deprecated, It's Not Coming Back
LLMs that produce many words very fast (and waste a lot of energy in the process) cannot compete with authentic news sites
WELCOME to The Cyber|Show @ Geminispace!
Andy set things up this past week
Links 18/04/2026: Microsoft's PR Department (Waggener Edstrom) and CEO's Wife Buys NPR (BillPR, Now BallmerPR) as Independent/Public Service Media Dims Down
Links for the day
Gemini Links 18/04/2026: Chronic Pain and CodingFont Game
Links for the day
Links 17/04/2026: "I Hate the Internet" and Fake Wallet in Apple App Store
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 17, 2026
IRC logs for Friday, April 17, 2026
European Patent Office (EPO) Strikes and Other Industrial Actions Are Working: Patent Application Grants Have Collapsed
Even before the strikes happened any day of the week
SLAPP Censorship - Part 49 Out of 200: Two Americans, One Case, Recycled for Low Budget at Brett Wilson LLP and 5RB Barristers
Change one character, bill the client tens or hundreds of thousands of US dollars
Pension Contribution Increases as Another Attack on Compensation for EPO Staff (Mostly Patent Examiners)
Pension contribution increases!
Almost 1,000 IBM Layoffs Not Newsworthy (Nobody Covers It), Unlike When Snap Does It and Mentions a Celebrated - or Reviled - Buzzword
not a word regarding IBM layoffs
Behind the Scenes With Richard Stallman
If you support his ideas, even if you dislike him as a person, then you'll welcome his ability to speak about those ideas
Gemini Links 17/04/2026: "Many Problems and Inequities in the Legal System", "No Place to Hide"
Links for the day
Links 17/04/2026: SRA Breaks Its Own Rules as Solicitor Attempts Suicide, IPv6 Barely Hits 50% After 20+ Years
Links for the day
ActBlue former IT boss disappearance: Decklin Foster & Debian, Harvard suicide lab, Chris Gleason is wife, whistleblower or both?
Reprinted with permission from Daniel Pocock
Gemini Links 17/04/2026: Getting competent in NixOS and Alhena 5.5.6 Released
Links for the day
Links 17/04/2026: "We Cannot Lose Sight of Ukraine" and "When Leaders Should Resign"
Links for the day
GizChina Appears to Have Become a Slopfarm, I.e. Fake News Site With Fake Text
Don't waste a moment reading LLM slop, as at the very least it rewards plagiarism [...] Deemed to be slop also by two human beings, not just two scanners
Massive, Cross-Site Strike at the EPO Today
There's coordination across sites for maximal pressure
Dr. Andy Farnell Says "AI" is "Only a Marketing Term" for Things That Exist for "Entertainment Purposes Only"
distortion or misuse of the term (now buzzword/s) "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 16, 2026
IRC logs for Thursday, April 16, 2026