"The Patent '813 Story, Part II" Gets Personal as '813 Patent Inventor Seeks Personal Bankruptcy from former Counsel Who Responds, "You can go on-line and look for a 'Bankruptcy Attorney'"

-- Lucerne Biosciences Calling For Permanent Disbarment of Attorney Joe Lucci with Heavy Sanctions Against Baker Hostetler

-- New York Times and Wall Street Journal Provided Internet Protocol Evidence for Conflict of Interest on Reporting a Story that Could Impair Domain Function; First Amendment Constitutional Implications Cited

Jan 28, 2016, 05:00 ET from Lucerne Biosciences, LLC

WILMINGTON, Del., Jan. 28, 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 the story is getting very personal and increasingly dramatic.   Following the company's last press release on January 20, 2016 when it announced informing the Patent Trial & Appeal Board (PTAB) of its high 40-75% misrepresentation rate along with providing it the findings of a "sourcing investigation" related to its representational misconduct, the "electronically communicated drama" has been on the rise.  Yesterday morning at 8:13 am EST, '813 Patent Inventor and company Manager Louis Sanfilippo emailed attorney William Colwell of Parrett, Porto, Parese & Colwell, P.C. in his personal capacity requesting Colwell's "immediate assistance to initiate filing for personal bankruptcy," a sign that Shire's anti-competitive efforts leading to the successful invalidation of U.S. Patent 8, 318,813 for the treatment of Binge Eating Disorder (with lisdexamfetamine dimesylate) was bringing its inventor to personal misfortune, even imminent financial crisis.   CC'd on the correspondence was the story's "main cast of characters," including Shire CEO Dr. Flemming Ornskov and Ed Haug of Frommer, Lawrence & Haug, the law firm that led the successful patent invalidation effort in the same year, 2015, that Shire received FDA approval for the use of lisdexamfetamine dimesylate (Vyvanse®) that would have been encompassed by the patent's claims.  Representatives of The New York Times, Wall Street Journal and Law360 have been serving as witnesses to the electronically-mediated high drama.

Yesterday's 8:13 am EST personal communication from Sanfilippo, using a gmail.com address, to Colwell also informed Colwell that he was identified in Lucerne Biosciences' "sourcing investigation" at least 181 times.  The communication added,  "The reason you come up so frequently is that you are the first conclusively identified proponent of this anti-competitive and deceptive trade practice platform based on 'representational exploitation,'" a platform the company identified as supporting Shire's Inter Partes Review that led to the invalidation of the '813 Patent.  Remarkably, however, Sanfilippo encouraged Colwell to personally represent him in a personal bankruptcy, stating, "Nonetheless, I  -- personally -- and several collaborators involved in this matter (including a shared special counsel) are in unanimous agreement that there would be no conflict of interest for you or your law firm to assist me in a personal bankruptcy.   The reason is that your 'foundational deception' of me back in December 2002, as supported by extensive representational profiling so that any reasonable person would see it as very obvious, was very obviously based on 'making everything personal.'"  Colwell responded that he does not handle personal bankruptcy. 

The exchange between Sanfilippo and Colwell continued throughout the day yesterday, with Colwell seeking to communicate outside the story's "main cast of characters" and "journalism team."  When Sanfilippo followed-up to request the name of a "specific person" at the firm while bringing the "main cast" and "journalism team" back into the electronic communication loop, Colwell again dropped them and responded, "You can go on- line and look for a "Bankruptcy Attorney."  The dramatic communication exchange also included Sanfilippo providing Colwell a passage from Lucerne Biosciences' 1645-page, 4000-reference "sourcing investigation" highlighting the specific nature of Colwell's "representational exploitation" to see if Colwell would comment.  Colwell accepted the invitation.  But Sanfilippo provided a semantic analysis of Colwell's response that explained how Colwell was utilizing "cognitive distraction," a technique used to evade "deception detection."  Colwell was so informed by Sanfilippo in the communication that his behavior was being actively profiled through the communication sequence,"… in the spirit of transparency, please know that these communications between you [Colwell] and I [Sanfilippo] -- and the cc'd parties (re-included here from your response that dropped them)  -- are being used for 'real-time profiling purposes.'    This is to say that how you respond to them (or not) is part of a 'profiling narrative' designed to help any reasonable reader understand what is taking place in the 'real-time experiential-narrative story.'"  

The drama in 'The Patent '813 Story, Part II' reached new heights earlier in the week.  On Monday January 25, 2016, Lucerne Biosciences informed the story's "main cast" and "journalism team" of its investigation into attorney Joe Lucci of Baker Hostetler, LLP, stating,  "The company's position is that the degree of self-evident willfulness in this fiduciary breach to exploit a position of trust should qualify Mr. Lucci for permanent disbarment with severe disciplinary action against him and Baker Hostetler."  The drama continued into the following day when Lucerne Biosciences provided the same group electronic evidence supporting a "conflict of interest" for The New York Times and Wall Street Journal because their respective domains, nytimes.com and wsj.com, feature Internet Protocol routing supported by entities featured in the company's "sourcing investigation."  Therefore, reporting on "The Patent '813 Story, Part II" or even the "sourcing investigation" conducted by the company "could impair each respective organization's ability to make money through their respective corporate arms."   The January 26, 2016 Lucerne Biosciences email added, " The company's position is that there are serious and unprecedented implications for this conflict of interest, not the least of which are Constitutional in nature, specifically in terms of the First Amendment and 'free press.'" 

There were additional surprises yesterday with more "electronic profiling" to tell the story.   For example, Ian Green -- a person never seen before in the story -- was invited to "provide any information whatsoever that will serve posterity by helping the story get to the truth of the matter," including providing it "anonymously under a different email."   Green was identified to be communicating to Sanfilippo at his outdated yale.edu email address under suspicious circumstances and through a domain having a suspicious registration pattern based on Lucerne Biosciences' sourcing investigation and real-time electronic profiling of communications being made to emails connected to Sanfilippo.  Green was contacted by Lucerne Biosciences directly based on the company's stepped up communications interventions to bring the story to its "final resolution," even providing Green a brief relevancy analysis of the domain healthcarefax.net from which he sent his emails.  Following its presentation and a series of questions, Lucerne Biosciences told Green, "The company looks forward to hearing back from you so that you can stand on the 'right side of history' in the American public interest."

Additional Information/Related References

The Patent '813 Story, Part II, Version 2 (updated January 27, 2016 at 10 PM EST) at: https://app.box.com/s/kq4jdkrw1m1hck54mqkk4ard2z4yg48z

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 (January 20, 2016): http://www.prnewswire.com/news-releases/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-300207645.html or in PDF at: https://app.box.com/s/tmn8a8a1rb81ntscinedc9r8v0hiw1vf

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" (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 (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 (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, MD  203-521-1143

SOURCE Lucerne Biosciences, LLC