Bonum Certa Men Certa

How Tribes in America Have Fallen for a “Scam” That Now Facilitates Patent Trolls

Now affiliated with trolls

Three Affiliated Tribes
Reference: Three Affiliated Tribes



Summary: Three Affiliated Tribes are now being used as a proxy of a patent troll, which is trying hard to avoid proper scrutiny of the patents it is using

EARLIER this month we wrote two fairly long articles [1, 2] about the Mohawk people acting as a 'proxy' to suppress inter partes reviews (IPRs) by the US Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). This is no laughing matter. Some nefarious entities that are registered in truly dodgy places are trying to create a loophole against justice itself. It makes Natives look bad; the Mohawk tribe, for example, is now known (to many) for nothing more than a patent "scam" (see this new article from the Financial Times entitled "Allergan deal with Mohawk tribe casts patent shadow").



Never mind if patents are a notorious threat to Traditional Knowledge (TK) and are inherently damaging to Natives...

Several readers told us about this report which suggests further action along those lines. As BoingBoing put it, "Indigenous tribes fronting for patent trolls sue Apple" and "[b]y transferring title to the Three Affiliated Tribes, ITRI can force Apple into a longer, more expensive procedure for invalidating its patent, rather than the streamlined inter partes review."

This kind of "scam" (not our word) is a new kind of scam. It can cost a lot of money, as we shall explain in a later (and much longer) article about PTAB. Here is how Ars Technica put it:

Apple gets sued for patent infringement dozens of times each year, mostly by little-known shell companies with no products—the types of companies often derided as "patent trolls." But the newest lawsuit seeking royalty payments from iPad sales is likely a first: the recently created plaintiff, MEC Resources LLC, is wholly owned by a Native American tribe. The MEC lawsuit appears to be using Native American legal rights to avoid having the US Patent Office perform an "inter partes review" that could invalidate the patent.

The case had a typical beginning. In March, a Texas company named Prowire LLC filed a lawsuit (PDF) against Apple in Delaware federal court, claiming that the iPad 4 infringes its US Patent No. 6,137,390.


Suffice to say, sites that are connected to patent trolls (like IAM in this case) are happy about it. An alternative headline for this "International report" would be: "patent hoarders (dubious patents too) exploit the Mohawk tribe in a scam". To quote:

If Allergan ultimately prevails in insulating its patents from inter partes review, companies with valuable patents will want to consider implementing similar strategies. Protecting valuable patents from the unfavorable standards and presumptions in inter partes reviews may provide significant benefits to patent holders and their shareholders. As a Native American tribe's sovereign immunity can be limited by Congress through legislation, patent owners will want to assess the possibility of congressional action should Allergan succeed.


Only moments ago we also saw this new article about Allergan. It said, correctly, that "[d]ismantling the PTAB would be highly dangerous to society’s well-being and the ability to curb abuse by corporations."

Here's a portion from it:

What is Allergan afraid of?

[...]

Dismantling the PTAB would be highly dangerous to society’s well-being and the ability to curb abuse by corporations. An unmerited patent on a life-saving drug, for example, can prevent generic competition for decades—keeping prices astronomical and preventing patients from getting treatment. And having a patent does not automatically make you an innovator— on the contrary, bad patents stifle American invention by preventing entrepreneurs and scientists from using existing knowledge to work on the new, fresh ideas that fuel our economy.


It's hard to understand why these Native tribes believe that it's worth the negative publicity. For just a reasonably small amount of money their people (the tribes) quickly become synonymous with patent aggressors.

Recent Techrights' Posts

GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
 
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true