Bonum Certa Men Certa

Patent Sharks' Last Resort: Mohawk Immunity, 'STRONGER' Patents Act, Qualcomm Thickets, and SLAPP

Trolls' alter ego; they used to be called "patent sharks" -- now a broader group of predators or parasites whose existence is based solely on patents

Shark



Summary: A roundup of news stories which serve to illustrate the depths of the methods now employed by patent predators, to whom nothing is out of bounds (in the name of patent predation)

THIS morning an article by Brian Nearing was published in the mainstream media. It's about the US patent system (USPTO) and PTAB, or more specifically about attempts to dodge PTAB inter partes reviews -- a subject we have written many articles about. What's particularly odd about it is the summary: "Senators call tribe's ownership of trademarks "legal fiction"".



This has nothing to do with trademarks. It's about patents. Can the author/editor not distinguish? Generally speaking, copyrights, trademarks and patents are very different. Stop calling these "IPR", "IP" or "intellectual property [rights]". These propaganda terms are intended to mislead and demonstrably that deception succeeds sometimes. The article's headline and body are OK and many quotes are included in it (after the introduction).

At the St. Regis Mohawk Reservation on New York's side of the St. Lawrence River, there is a casino, a broadband company, and a television studio. But pharmaceutical and computer software facilities are nowhere to be found.

This fall, the tribe and its 15,600 members put no money down to become new legal owners of federal patents for a multibillion-dollar eye medication, as well as for computer software programs that help drive tech giants like Microsoft, Apple and Amazon.

[...]

Last month, Sen. Claire McCaskill, a Missouri Democrat, said patent sales to the Mohawks were "one of the most brazen and absurd loopholes I've ever seen, and it should be illegal."

She has introduced legislation seeking to abrogate tribal sovereign immunity.

In a letter this fall, four other U.S. senators called the deal a scheme to protect "Allergan's market monopoly — and its profits — at the expense of people who need the drug."

That letter was signed by Sens. Bob Casey Jr. of Pennsylvania, Sherrod Brown of Ohio, Margaret Wood Hassan of New Hampshire, and Richard Blumenthal of Connecticut.


We expect that practice to be made illegal soon. We also expect the US Supreme Court to cement PTAB's role, as we said earlier today. Hearings in Oil States Energy Services v Greene’s Energy Group start in about 24 hours from now.

PTAB is, contrary to the above, also under attack from few American politicians. About a week ago we saw this article about an Oklahoma CEO. This is total, unadulterated rubbish. It's a puff piece for the patent trolls' lobby (STRONGER Patents Act of 2017). When talking about STRONGER [sic] Patents Act always remember that what they mean by strong is the very opposite of strong. It means crappy, low-quality, weak patents. We wrote quite a few articles about it (as early as summer) and why it'll never get enough Congressional support.

Patent maximalists are nowadays on the retreat and they typically rely on mischief and deception, just like Team UPC in Europe. Such is the case with the Mohawks and STRONGER [sic] Patents Act. What next/else will they try? Shaming another USPTO Director out of Office? Burning (literally) patents in an illegal protest on USPTO premises? Fake scandals regarding PTAB? Fake news?

Notice how the patent trolls' lobby (IAM) spoke about Qualcomm's latest patent thicket. "Very quietly" it came about because the public knows it's a predatory shark and its fees are nothing but 'protection' money. Also notice the attack on free speech itself. Last weekend we wrote about how the EFF got repeatedly sued for mocking patents. The judge said that it's OK to mock bad patents, but only after the EFF had spent a lot of money and time (legal altercations). Several days ago the technical media wrote about it as follows:

A federal judge in California has ruled in favor of the Electronic Frontier Foundation after the organization was recently sued over its "Stupid Patent of the Month" blog posts. As a result, the advocacy group is not required to remove a recent post simply because an Australian patent entity (often called "trolls") doesn’t like it.

The case began back in April 2017 when EFF countersued an Australian company that it previously dubbed as a "classic patent troll" in a June 2016 blog post entitled: "Stupid Patent of the Month: Storage Cabinets on a Computer."

In 2016, that company, Global Equity Management (SA) Pty. Ltd. (GEMSA), managed to get an Australian court to order EFF to remove its post—but EFF did not comply. In January 2017, Pasha Mehr, an attorney representing GEMSA, further demanded that the article be removed and that EFF pay $750,000. EFF still left the post up and then sued regarding the Australian court's injunction.


The EFF uses databases like Docket Navigator and Lex Machina to 'hunt' patents and will hopefully carry on in spite of years of SLAPPing. Google too has a repository of patents and days ago a press release said that "CPA GLOBAL CONTRIBUTES DATA TO GOOGLE PATENTS PUBLIC DATASETS BIG DATA PROJECT" (but with Google one cannot track actual lawsuits, for strategic take on patents that escalated into legal action).

The more marginalised patent sharks feel, the more aggressive they'll become. Like a cornered animal...

Recent Techrights' Posts

Alex Oliva, the Potential 'Successor' of RMS, Has a New Web Site
More freedom for Alex Oliva
Azure is Turning 17 This Year, Still Losing Money and Staff
Hallmark of pyramid schemes, deriving "value" out of things that do not really exist?
 
Links 16/02/2025: Oligarchs "Collect Your Data and Control Your World", Global Temperatures Shoot Up
Links for the day
Promoting Microsoft Windows With LLM Slop
What is the policy at BetaNews regarding LLM slop?
Links 16/02/2025: "Microsoft Is Laying Off Employees" and Internal Dissent Brewing at Facebook Over Regime Complicity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 15, 2025
IRC logs for Saturday, February 15, 2025
Links 15/02/2025: Harms to Health, Public Domain, and More
Links for the day
Gemini Links 15/02/2025: On Autistic People, AuraGem Over HTTPS
Links for the day
The Cyber Show (C|S) Speaks of the "Rise of the Nerd Reich."
This 'Valentine Episode' is quite good
Strong Momentum for the Free Software Foundation (FSF) as Winter Approaches Its End in Boston or in the Northern Hemisphere
FSF's founder, Richard Stallman, gives another talk in Italy in 9 days from now
The 'Drunken Plagiarists' Are Harming Journalism About GNU/Linux
They lessen the incentive to do real journalism abut GNU/Linux
Female Nazis and racist Swiss women
Reprinted with permission from Daniel Pocock
Richard Stallman on RISC-V and Free Hardware
Invidious is under attack by Google
Links 15/02/2025: Erasing of American Science and Tesla SLAPPing Critics
Links for the day
IDG 'Reviews' of GNU/Linux Now Contain LLM Slop
It's typically ads or commercials... or sometimes spin disguised as news
Gemini Links 15/02/2025: Spectacles and "Before Sunset", Moving Domains Out of the US
Links for the day
Microsoft Has Only $17,482 Million Left, "Cash on Hand" Sank 40 Billion Dollars in 2 Years
Microsoft runs low on money in the bank
YouTube Layoffs Mean That YouTube is Still Losing a Lot of Money (Net Income or Profit Almost Definitely Negative)
In more recent years Google defunded many vloggers
In Gopher and Gemini Protocol People Abandon Services Based in the United States
There's no resistance whatsoever
Python and Microsoft: Pandas Should Have Known OpenDocument Format (ODF) and Microsoft Excel Are Different and Competing Things
now we're meant to think that in order to open ODF files we need some functions with "Excel" in their name
Not Only Windows, Surface, and "Hey Hi" PCs; Microsoft's Hardware Ventures Are a Dumpster Fire; HoloLens Mixed Reality Hardware Now Axed Altogether and Staff is Miserable
Microsoft is in a terrible state
Certificate Authority (CA) Let's Encrypt Now Down to TEN (0.3% of the Whole) in Geminispace
The number of capsules that use Let's Encrypt is, according to Lupa, about to fall to single-digit figures
Links 15/02/2025: University Price Hikes and Copyright Action Against Slop Companies
Links for the day
Slopwatch: All Those New 'Articles' Are Fake and Crafted by Chatbots (LLM Slop)
Google News is promoting these as "Linux" news; they're not even made by humans
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 14, 2025
IRC logs for Friday, February 14, 2025
Gemini Links 14/02/2025: Mysterious Friend and "Eight by Eight"
Links for the day
They Will Never Leave Linus Torvalds Alone, Rust is Just Another Way to Cause Instability and Infighting in Linux
We already identified the Rust "community" as troublemakers more than 5 years ago and we wrote about the evidence
Apple: Social Justice or Social Nationalism?
Remember to buy Apple, folks
Links 14/02/2025: Mass Layoffs at Sophos, Chatbots Failing Very Badly, "DOGE as a National Cyberattack"
Links for the day
Moving Away From Certificate Authorities (CAs) Like Let's Encrypt Means Taking Away From the US Government the Power to 'Censor' Sites by Revoking Certificates
Gemini capsule is cheap to run and easy (easier than a Web site) to maintain. More people disillusioned and frustrated with social control media flock to it.
BetaNews' Managing Editor Wayne William Took Charge of GNU/Linux Articles and His Articles Are Real (He Actually Wrote Them)
We are frankly relieved to see that Wayne William recognised the problem and did something about it
Links 14/02/2025: Publicity Rights Violated (ByteDance), Bribes to Trump Passed via Social Control Media 'Settlements' Again
Links for the day
Gemini Links 14/02/2025: Constitution, Cosmic DE, and More
Links for the day
Slopwatch: Anti-Linux Articles Published by Bots, Dominating Google News
So a lot of the Web is Microsoft chatbot-generated anti-Linux FUD
Links 14/02/2025: Measles Outbreak in Texas, Zelensky Warns Russia Will Attack a NATO Country
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 13, 2025
IRC logs for Thursday, February 13, 2025