In late 2017, we learned that patent trolls (especially pharma patent gougers) were paying US Native Indian tribes to act as fronts for them in order to block review and cancellation of bogus patents -- the tribes have a treaty right to "sovereign immunity," which protects them from some forms of litigation.
The moved sparked Congressional investigations and dire warnings from pharma execs that the trick was so dirty it would hasten the day that the public decided enough was enough and demanded universal healthcare.
Now, the United States Court of Appeals for the Federal Circuit has unanimously held that sovereign immunity does not protect patent trolls, because reviewing a patent isn't a lawsuit, it's an "agency enforcement action," and that's not covered by sovereign immunity arrangements.
In short, an IPR isn’t a lawsuit. With no lawsuit, there can be no sovereign immunity.
As the three-judge panel concluded: "The Director’s important role as a gatekeeper and the Board’s authority to proceed in the absence of the parties convinces us that the USPTO is acting as the United States in its role as a superior sovereign to reconsider a prior administrative grant and protect the public interest in keeping patent monopolies ‘within their legitimate scope.’"
Allergan can now choose to appeal further to the Supreme Court of the United States, which only agrees to hear a tiny percentage of cases.
Court: Native American tribe can’t be a “sovereign” shield during patent review [Cyrus Farivar/Ars Technica]
Trump's initial appointee to run the EPA was Scott Pruitt, who resigned in disgrace in 2018 amid a massive corruption scandal in which he was found to have spent lavishly and assigned improper personal duties to government employees.
Axon -- formerly Taser International -- makes police bodycams that they sell to towns on the cheap, betting that they'll make it up by gouging the towns for cloud-based storage for footage from the cameras (what could possibly go wrong?!).
NSO Group is a notorious Israeli cyber-arms dealer whose long trail of sleaze has been thoroughly documented by the University of Toronto's Citizen Lab (which may or may not be related to an attempt to infiltrate Citizen Lab undertaken by a retired Israeli spy); NSO has been implicated in the murder and dismemberment of the […]
Kudos to those of us who have chosen a less wasteful third option to “paper or plastic” at the supermarket or club stores. Tote bags are reusable, but they can be a pain to tote around. Here’s an upgrade to that planet-saving measure. The Club Cart Lotus Trolley Bag is that rare tote you’ll want […]
Looking for a career in IT, gaming or software development? In the ever-changing world of the internet, versatility is your biggest asset. In other words, mastering Java might not cut it in an interview if you don’t know C#. However, there’s a bundle that covers the essentials in most any language. The Legendary Learn to […]
Getting a set of cookware that will outlast you is one of those signs you’ve truly grown up. It used to be easy to find durable materials that also cook well, but these days it can be hard to tell what’s quality and what brands are coasting by on a recognizable name. Well, there’s at […]