Dramatic Turn in Story of Invalidated '813 Patent For Treating Binge Eating Disorder as Owner Lucerne Biosciences Provides Patent Board Profile of itself and its High 40-75% Misrepresentation Rate

WILMINGTON, Del., Jan. 20, 2016 /PRNewswire/ -- Lucerne Biosciences, LLC, in its communication systems role for supporting a unique first of its kind "self-referential, real-time experiential narrative" called "The Patent '813 Story, Part II," announced today that yesterday evening it provided the U.S. Patent Trial & Appeal Board ("PTAB") the results of its sourcing investigation into the PTAB's invalidation of the company's wholly owned U.S. Patent 8, 318,813 titled "Method of Treating Binge Eating Disorder." The PTAB's decision to invalidate the patent was made on June 4, 2015 in the context of an Inter Partes Review proceeding initiated by Shire Development LLC on May 9, 2014. The communication, made yesterday by email at 7:06 pm EST to the PTAB's email address at [email protected], was provided as follow-up to an email communication from the company and Byan Haygins to the PTAB on June 2, 2015 at 5:17 pm EDT. Yesterday's communication cc'd USPTO Deputy Director Michelle Lee, Secretary of Commerce Penny Pritzker, journalists/reporters from The New York Times, Wall Street Journal, and Law360, as well as the rest of the story's "main cast" that includes representatives from Shire and certain of its subsidiaries, the law firms of Frommer, Lawrence & Haug, LLP, Cantor Colburn LLP and Baker Hostetler LLP, characterized in more detail in prior company press releases.

Yesterday's 7:06 pm EST communication stated, "The 1645-page sourcing investigation includes profiling of your [the PTAB] 40-75% misrepresentation rate in identifying the owner of the '813 Patent for its face-page represented Orders during Lucerne Biosciences' segment of the IPR proceeding after it wholly acquired the patent from its prior owner and so informed the Board through its IPR counsel Baker Hostetler (the variation in rate depends on how one identifies an "Order"). In addition, the company's sourcing investigation profiled highly suspicious representational behavior from USPTO Director Ms. Lee in the setting of an August 5, 2014-issued Certificate of Correction for a Yale University patent (U.S. 8,630,965) identified in connection with its investigation into, and profiling of, a "third-party communications interference platform" supporting anti-competitive conduct and deceptive trade practice targeting the company and its Manager Louis Sanfilippo, as well as Sanfilippo personally and other businesses that he has been involved in. Further, a composite picture of Internet Protocol profiling at the level of domains and their ASN routing patterns, WHOIS comparative analyses, geographic telecommunications landscape analysis and temporally-weighted event patterning identified highly suspicious "electronic activity and patterns," as well as representational behavior, connected to Secretary of Commerce Pritzker or her family members."

The 7:06 pm EST communication continued that line of reasoning to state, "Taken in aggregate view of each other, the company's position is that any reasonable person unbiased in the matter would see the representational behavior across all three of these profiles (i.e., PTAB, USPTO Director Ms. Lee; Secretary of Commerce Pritzker) is highly congruous across motivational intent and actual behavior, and that it also perfectly fits the profile of representational exploitation that led to the PTAB's invalidation of the '813 Patent, including from Shire, its Declarant and its outside counsel Frommer, Lawrence & Haug. The term "unbiased in the matter" simply means not being involved in any in communications exploitation, deceptive trade practice and/or anti-competitive conduct aimed at the company, its exclusive commercial licensee LCS Group and/or Sanfilippo (and related businesses). The nature of this 'bias' is repeatedly characterized for its 'profile' in both the company's sourcing investigation and elsewhere in 'The Patent '813 Story, Part II, Version 2,' the latter a lengthier narrative based on multi-party collaboration that includes various of the company's press releases and communications (such as the sourcing investigation)." The foundational basis for such "representational exploitation" is extensively profiled in the "sourcing investigation" and, as yesterday's 7:06 pm EST communication indicated, was motivated "to address complex problems related to Internet Protocol, IPv4 addresses, property, name sever architecture, etc…." In this regard, as the communication to the PTAB states, it was in keeping with "a "legal-business-electronic strategy" that itself was designed to be "encrypted" (i.e., based on deception) and communicated "secretly" (i.e., outside the view of the American public-at-large)…" adding that "The sourcing investigation chronicles the history of this "legal-business-electronic strategy" through various patents/patent applications, trademarks, persons, businesses, government entities, etc… through the present time, often through detailed investigation of government-supported databases at the federal and state level."

After providing this initial context for the sourcing investigation and then further elaborating on its general conclusions, yesterday's 7:06 pm EST communication to the PTAB added, "the company's position is that any reasonable person unbiased to the matter would see that it would be virtually impossible for the company --  or its exclusive commercial licensee LCS Group, LLC, or its Manager Sanfilippo on a personal level or in terms of other businesses he might be involved in -- to obtain any fair and equitable recourse for harm done, especially recourse through governmental structures at either the federal or state levels in either executive or judicial contexts. To the contrary, the company's position is that any legal rights afforded Sanfilippo, an American citizen, whether on a personal level or in connection to any businesses that he might be involved in, and whether from a Constitutional, federal or state perspective, have effectively been stripped…. The company's position is that at this point in time any reasonable person unbiased in the matter would see that as very obvious, which can be made even more obvious by providing the proper evidence in the proper context."

The story's drama continued into today when Lucerne Biosciences' Manager Louis Sanfilippo, a psychiatrist who trained at Yale School of Medicine's Department of Psychiatry, asked the "reporting/journalism team" involved in the story (from the New York Times, Wall Street Journal and Law360) certain questions to advance an emerging profile of their own and respective institution's "reporting/journalism behavior" in the story's real-time, self-referential narrative (see pp. 835-839 of "The Patent '813 Story, Part II, Version 2" below). That communication, made today at 2:43 pm EST and cc'ing the rest of the story's "main cast," featured a final question for the "reporting/journalism team": "what do you think is going to happen next?  And are you -- or your respective news outlets/institutions -- prepared to write about it?" 

Lucerne Biosciences' 7:06 pm EST communication to the PTAB yesterday, importantly, concluded that "This matter, therefore, is also a matter of the American public interest." Because the story is a self-referential narrative designed to resolve itself through its own narrative's "final resolution," it is therefore inviting the American public interest to communicate with itself through all the email addresses featured on the company's communication made to the PTAB yesterday that include, among others, the PTAB, USPTO Director Ms. Lee and Secretary of Commerce Pritzker (see p. 831 of "The Patent '813 Story, Part II, Version 2" for the email addresses).

Additional Information/Related References

The Patent '813 Story, Part II, Version 2 (updated January 20, 2016 at 3 PM EST) at: https://app.box.com/s/jy18w747zgic0two8qr3ukgqxbg4679w

Frommer, Lawrence & Haug Partner Ed Haug Fails to Fill "Communication Vacuum" Created by "The Patent '813 Story, Part II, Version 2," Further Accelerating its Path Toward "Final Resolution" --  Public-at-large invited to Share Opinions, Comments and Special Information with The New York Times, Wall Street Journal and Law360 As Story's Cast of law firms Cantor Colburn and Baker Hostetler, and global pharmaceutical company Shire, silently look on (January 18, 2016) at: http://www.prnewswire.com/news-releases/frommer-lawrence--haug-partner-ed-haug-fails-to-fill-communication-vacuum-created-by-the-patent-813-story-part-ii-version-2-further-accelerating-its-path-toward-final-resolution-300205950.html or in PDF at: https://app.box.com/s/jrx2qaxpxyzrnc8pk0j0oisym5792ix1

Self-Referential Narrative "The Patent '813 Story, Part II, Version 2" Features "Communications Protocol Update" From Lucerne Biosciences To Shire and the Law Firms of Frommer, Lawrence & Haug, Baker Hostetler and Cantor Colburn -- Evidence of "Third Party Communication Interference" Also Communicated in Group Update -- Journalists from The New York Times, Wall Street Journal and Law360 included in Group Update" (January 17, 2016) at: http://www.prnewswire.com/news-releases/self-referential-narrative-the-patent-813-story-part-ii-version-2-features-communications-protocol-update-from-lucerne-biosciences-to-shire-and-the-law-firms-of-frommer-lawrence--haug-baker-hostetler-and-cantor-colburn-300205512.html or in PDF at: https://app.box.com/s/e60kvzlp3uzrnuh03xp1vqjqhgmxxzv0

First of its Kind Self-Referential Narrative "The Patent '813 Story, Part II, Version 2" Calls on The New York Times and Wall Street Journal to Investigate Law360 for its Role in Reporting on the Story - The Public-at-Large Also Invited to Join the Investigation (January 16, 2016) at: http://www.prnewswire.com/news-releases/first-of-its-kind-self-referential-narrative-the-patent-813-story-part-ii-version-2-calls-on-the-new-york-times-and-wall-street-journal-to-investigate-law360-for-its-role-in-reporting-on-the-story-300205470.html or in PDF at: https://app.box.com/s/swdwgasu3ygiyy23nr24gmd40jfkh30r

Lucerne Biosciences Completes Sourcing Investigation into Shire's IPR that Led to the Invalidation of the '813 Patent; Begins Accelerated Multi-Party Public Expansion Phase of its Counter-Intelligence Technology  (January 15, 2016) at: http://www.prnewswire.com/news-releases/lucerne-biosciences-completes-sourcing-investigation-into-shires-ipr-that-led-to-the-invalidation-of-the-813-patent-300205005.html  or in PDF at: https://app.box.com/s/p45yq0h0gun3scx9b8f10uxcoh7vg5q4

LCS Group Accelerates Commercialization Plan of its Exclusively Licensed '813 Patent to Treat Binge Eating Disorder with Lisdexamfetamine Dimesylate Using '813 Patent Owner's "Deception Detection Technology," Now Freely Available Online to the Global Public-at-large (January 15, 2016) at: http://www.prnewswire.com/news-releases/lcs-group-accelerates-commercialization-plan-of-its-exclusively-licensed-813-patent-to-treat-binge-eating-disorder-with-lisdexamfetamine-dimesylate-using-813-patent-owners-deception-detection-technology-now-freely-available--300205009.html   or in PDF at: https://app.box.com/s/rhdcafckys0u6tffd7vhnkj30g8k7in3

LCS Group Accelerates Commercialization of its Exclusively Licensed '813 Patent to Treat Binge Eating Disorder with Lisdexamfetamine Dimesylate Using the '813 Patent Owner's "Deception Detection Technology," Now Freely Available Online to the Global Public-at-large (January 13, 2016) at: http://www.prnewswire.com/news-releases/lcs-group-accelerates-commercialization-plan-of-its-exclusively-licensed-813-patent-to-treat-binge-eating-disorder-with-lisdexamfetamine-dimesylate-using-813-patent-owners-deception-detection-technology-now-freely-available--300204246.html or in PDF at: https://app.box.com/s/t5urotwwyasr964hcvw9afb6xi2lezuv

Lucerne Biosciences Completes Sourcing Investigation into Shire's IPR that Led to the Invalidation of the '813 Patent; Begins Accelerated Multi-Party Public Expansion Phase of its Counter-Intelligence Technology (January 11, 2016) at: http://www.prnewswire.com/news-releases/lucerne-biosciences-completes-sourcing-investigation-into-shires-ipr-that-led-to-the-invalidation-of-the-813-patent-begins-accelerated-multi-party-public-expansion-phase-of-its-counter-intelligence-technology-300202785.html or in PDF at: https://app.box.com/s/wlspsobqpnubruhegqvhfjjrxvfvd6n0

PTAB Invalidates Lucerne Biosciences' '813 Patent for the Treatment of Binge Eating Disorder with Lisdexamfetamine Dimesylate (June 13, 2015) at: http://www.prnewswire.com/news-releases/ptab-invalidates-lucerne-biosciences-813-patent-for-the-treatment-of-binge-eating-disorder-with-lisdexamfetamine-dimesylate-300098752.html or in PDF at: https://app.box.com/s/mtbj1r0kbgzx0b2l7umz1i1booloq6ke

LCS Group Announces Exclusive License from Lucerne Biosciences to Commercialize '813 Patent and '249 Application through Shire's Marketing of Lisdexamfetamine Dimesylate for Binge Eating Disorder (May 13, 2015) at: http://www.prnewswire.com/news-releases/lcs-group-announces-exclusive-license-from-lucerne-biosciences-to-commercialize-813-patent-and-249-application-through-shires-marketing-of-lisdexamfetamine-dimesylate-for-binge-eating-disorder-300083124.html or in PDF at: https://app.box.com/s/08l7mo81abdiogkm2114n6h25pnyc5gg

Lucerne Biosciences Announces Publication of Claimed Methods for Treating Binge Eating Disorder with Lisdexamfetamine Dimesylate (March 6, 2015) at: http://www.prnewswire.com/news-releases/lucerne-biosciences-announces-publication-of-claimed-methods-for-treating-binge-eating-disorder-with-lisdexamfetamine-dimesylate-300046271.html or in PDF at: https://app.box.com/s/ielhzv70bgqoi8xwa41rwi7k459vqzia

LCS Therapeutics and Lucerne Biosciences to Commercialize '813 Patent for Lisdexamfetamine Dimesylate in the Treatment of Binge Eating Disorder (December 26, 2014) at: http://www.prnewswire.com/news-releases/lcs-therapeutics-and-lucerne-biosciences-to-commercialize-813-patent-for-lisdexamfetamine-dimesylate-in-the-treatment-of-binge-eating-disorder-300013986.html or in PDF at: https://app.box.com/s/oxpqqzbt83kri117lpl0p2zmoh68uskf

Media Contact:

Louis Sanfilippo, MD203-521-1143

SOURCE Lucerne Biosciences, LLC