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

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Over at Tux Machines...
GNU/Linux news for the past day
 
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day