{"id":1999,"date":"2015-07-28T15:07:43","date_gmt":"2015-07-28T19:07:43","guid":{"rendered":"https:\/\/aia.harnessip.com\/?p=1999"},"modified":"2015-07-31T16:26:12","modified_gmt":"2015-07-31T20:26:12","slug":"thats-not-what-theyre-for","status":"publish","type":"post","link":"https:\/\/aia.harnessip.com\/?p=1999","title":{"rendered":"That’s Not What They’re For"},"content":{"rendered":"

On July 28, 2015, the patent owner in\u00a0Coalition for Affordable Drugs VI LLC v Celgene Corporation<\/em>, IPR2015-01103, filed a motion for\u00a0sanctions pursuant to\u00a035 USC \u00a7316(a)(6) and 37 CFR \u00a742.12, arguing that petitioner was misusing inter partes review to manipulate patent owners share prices, and that their petitions “represent an ongoing abuse of the IPR process.”<\/p>\n

The Motion complains that the petitions are\u00a0driven entirely by an admitted \u201cprofit motive\u201d unrelated to the purpose of the American Invents Act (\u201cAIA\u201d), as set forth in the bill itself and its legislative history, and unrelated to any competitive interest in the validity of the challenged patents.\u00a0 But when a competitor is challenges a patent, it too is motivated by profit — the profit from making and selling a product. The pursuit of\u00a0profit, then,\u00a0would not seem to be an altogether improper motive.<\/p>\n

The patent owner argues that the true purpose of AIA was to combat trolls, and reign in abusive law suits.\u00a0\u00a0Does this mean that any IPR that is brought against a non-troll is\u00a0likewise\u00a0contrary to the purpose of the AIA and sanctionable?\u00a0 The patent owner asks the Board to dismiss the Petition, but what if the Petitioner, despite its nefarious purpose, is correct about the invalidity of the patent?<\/p>\n

The patent owner is “confident in the strength of its patents, and\u00a0argues it “should not be required to expend extensive resources defending them in the face of . .\u00a0abuse of process.”\u00a0 While one can sympathize with patent owner’s plight, if, despite its confidence, the patents are invalid, doesn’t society benefit from the removal of\u00a0 the patent’s improper restraint on competition, even if it is motivated by filthy lucre?<\/p>\n

Congress could have imposed some threshold requirements for PGR’s and IPR’s, as it did for CBMR’s, but didn’t.\u00a0\u00a0When is it wrong to try to profit from the unintended consequences of the actions of Congress?\u00a0 The Board may answer that question when it decides the patent owners’ motion.<\/p>\n

 <\/p>\n

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 <\/p>\n","protected":false},"excerpt":{"rendered":"

On July 28, 2015, the patent owner in\u00a0Coalition for Affordable Drugs VI LLC v Celgene Corporation, IPR2015-01103, filed a motion for\u00a0sanctions pursuant to\u00a035 USC \u00a7316(a)(6) and 37 CFR \u00a742.12, arguing that petitioner was misusing inter partes review to manipulate patent … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[4],"tags":[],"class_list":["post-1999","post","type-post","status-publish","format-standard","hentry","category-ipr"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p4ZIpB-wf","_links":{"self":[{"href":"https:\/\/aia.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/1999","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aia.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aia.harnessip.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aia.harnessip.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aia.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1999"}],"version-history":[{"count":1,"href":"https:\/\/aia.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/1999\/revisions"}],"predecessor-version":[{"id":2000,"href":"https:\/\/aia.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/1999\/revisions\/2000"}],"wp:attachment":[{"href":"https:\/\/aia.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1999"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aia.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1999"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aia.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1999"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}