EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS


Patent Lawyers Continue to Spin Grim News About Patents (UPC, Lawsuits Peak, Patent Raids) as Good News

Posted in Deception, Europe, Patents at 9:03 am by Dr. Roy Schestowitz

Good for lawyers and their super-affluent clients, bad for everyone else…

The trickle-down
Patent trickle-down effect: large corporations at the top, their patent lawyers at the bottom, and the public just gets flooded (with lawsuits, embargoes/injunctions, and raids)

Summary: A roundup of misleading coverage from patent lawyers, to whom any kind of corporate landgrab or monopoly (by means of patenting) is seen as a win

THE mouths of the EPO and of patent trolls just can’t stop moving. And when they move (talk) they lie. Our collective jaws were on the floor (not just mine) when we saw IAM saying: “The headline is that US patent suits are at record highs. The reality is it’s never been tougher to be a plaintiff.”

Cry us a river. “Plaintiff” just means patent aggressor, and in many cases these aggressors are patent trolls, like those that are paying IAM (it cost us to say this*). Figures from Unified Patents and Lex Machina are being cited by IAM (both sources and their findings were mentioned here earlier on) and IAM is not denying the growth in litigation, just finding some yardsticks by which to spin these figures in favour of greedy patent lawyers who receive money from patent trolls. Remember that IAM is literally funded (e.g. through events) by the world’s worst patent trolls (it’s stated openly in the list of sponsors). We covered this before. The patent propagandists from IAM are willing to go as far as trying to spin news about patent wars as a positive news (in full-length articles).

People might think we’re being cruel and merciless when it comes to IAM, but these people are dangerous, they are talking to Manny Schechter, who promotes software patents for IBM [1, 2], and influential people like Wouter Pors (occasionally an EPO critic) uses IAM to promote the unitary patent (UPC). Days ago he wrote: “The German ratification of the Unified Patent Court (UPC) Agreement will most likely be postponed until September 2016 and be decisive for the Unitary Patent (UP) system to go live. Wouter Pors, partner of law firm Bird & Bird, has said this in an interview with Kluwer IP Law. Thirteen ratifications are needed for the new European patent system to start functioning, including those of France, the UK and Germany. So far eight countries, including France, have ratified.”

He was then citing the EPO’s mouthpiece, IAM ‘magazine’, as follows: “In a recent IAM report, it was pointed out that so far there have been no signs from Germany when it will ratify the UPC Agreement.”

IAM just keeps shaming Germany into it (at least thrice that we’ve noticed it so far). At the bottom it says: “Wouter Pors is one of the speakers at the Unitary Patent Package conference, 4 & 5 February 2016 in Amsterdam.”

This is a pro-UPC event sponsored by patent lawyers, notably NLO, “one of the larger European firms providing specialist advice in the field of intellectual property in all its aspects for more than 125 years,” according to the backers’ page.

It’s said to be costing about €1000 to attend, ensuring that all those in attendance will basically make it an echo chamber with no real diversity of views. It’s an event by lawyers, for lawyers, and for their richest clients (companies like IBM or Microsoft).

Remember that another pro-UPC event is sponsored by EPO through FTI Consulting, in addition to patent lawyers. IAM is organising this. They’re all working together to get more money for themselves and their rich clients (large multinational corporations) at the expense of everybody else. The patent system has a red tape or ribbon ensuring that everyone who interacts with it is pressured to pay a lawyer (as told by a recent SME story that we shared here).

As told yesterday by a patent lawyers’ site (linking to a recent paper), the patent bar (in the legal sense) has become a necessity for many. The abstract says that “the vast majority of lawyers cannot represent clients in the Patent Office. The paucity of critical debate regarding the size and structure of the Patent Bar is surprising given that innovators spend billions of dollars each year on legal services in the Patent Office.”

To quote from the paper (a few weeks old now): “many companies only hire patent attorneys with relevant experience in the appropriate technological area and don’t simply rely upon the “patent attorney” status as a total qualifier.”

All that patent mess and the altercations in court (or with examiners) is big business for non-producing actors, not inventors. The inventors are just the ones losing money. Who is this system really for? Seriously, speak to SMEs about their negative experiences with the EPO…

Watch what happened in this week’s CES tech show in Las Vegas, based on this new BBC report. To quote the reporter: “The officials confiscated all the company’s one-wheeled vehicles and took down its signs after a Silicon Valley-based rival filed a patent infringement claim.”

Yay, innovation!

It’s just like the Sisvel patent mafia situation [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13], only in the US this time around. They work for large corporations. Watch IAM defending this! They frame this as helping the ‘little guy’ or inventors, when obviously enough it’s exactly the opposite (the only ones agreeing with IAM are in the same business, e.g. Jeremy Phillips).

It’s not tactless and it’s not rude to point out who stands where. Florian Müller, for instance, appears to have officially flip-flopped back to truly opposing software patents and those who use these against Linux. Irrespective of his past (including payments from Microsoft), we should all welcome him back to the fight against software patents in Europe and elsewhere.
* After blocking many people who don't agree with them, IAM decided it was an exercise in futility (it cannot just magically halt public criticism) and is now unblocking all those who were banned, supposedly for the “new year” [1, 2, 3].

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New

  1. Open Letter Exposing the Farce Which Was Battistelli's 'Social Conference' Coinciding With Further (New) Attacks on EPO Staff Representatives

    A detailed letter reveals legitimate concerns expressed by staff representatives at the EPO ahead of the so-called Social Conference, in which we have highlighted severe factual flaws

  2. Translation of Latest Rant From French MP Philip Cordery About Benoît Battistelli's Abuses at the EPO

    Philip Cordery crosses horns with Benoît Battistelli, who has become a source of embarrassment for France with his autocratic tendencies and misguided policies that rapidly ruin the European Patent Office (EPO)

  3. Battistelli-Commissioned PwC ‘Study’: Leaked Document Shows PwC's Dishonesty and Misrepresentation of EPO Staff

    An in-depth analysis (but not comprehensive, just preliminary) of the so-called 'study' from PwC, which basically did what it was paid for (pay to say)

  4. Links 22/10/2016: Deus Ex for GNU/Linux, Global DDoS (DNS)

    Links for the day

  5. Battistelli-Commissioned PwC ‘Study’: Survey Comparison Shows Serious Deterioration and Efforts by PwC to Disguise the Truth

    The latest output from PwC turns out to be even worse than initially thought, indicating that not only did it find a degradation in the EPO but also attempted to hide/obscure it

  6. EPO Teaser - The "Iberian Connection" - Some Photos of García-Escudero and His Royal/Government Connections

    A look at the undeniably close connections between Mr. García-Escudero and the most powerful people in Spain

  7. Disruption to Site's Service

    A technical note about why Techrights has not been publishing many articles recently

  8. Links 21/10/2016: MPV 0.21, Mad Max for GNU/Linux

    Links for the day

  9. EPO Caricature: Battistelli's High Five

    Another cartoon about the sad state of the EPO

  10. Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

    Battistelli's bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

  11. EPO Spokesman Lies to IP Watch in Order to Save Face and Save the King (Battistelli)

    Rewriting history (revisionism) regarding Battistelli and what was demanded amidst abusive behaviour from him

  12. Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

    The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

  13. Links 20/10/2016: Linux 4.10 Preview, ONF and ON.Labs to Merge

    Links for the day

  14. Battistelli-Commissioned PwC 'Study': The Raw Outcome Shows Distortion of the Facts at the EPO's Notorious 'Social Conference'

    Results of the Staff Survey carried out by PwC, in order to provide some propaganda for Battistelli's expensive Social Conference

  15. Addendum: EPO's Alberto Casado Cerviño, WIPO's Francis Gurry, and EUIPO's Archambeau

    Photos taken as part of an IP event which took place in Riga (Latvia) in March 2015

  16. Worrisome Connections Between EPO VP2 Alberto Casado Cerviño and Patricia García-Escudero Márquez

    Exploring the potential conflicts of interests implicating the EPO's Boards of Appeal Committee

  17. Site's Infrastructure Under Attack and Upgrades Ahead of Major New Publications

    Protections for the Web site have been improved and capacity increased in order to avoid or at least prepare for another week of abusive/spam traffic

  18. Team Battistelli's Conspiracy Theory: SUEPO is Behind Everything, EPO Management is Trying to Tell the Media

    Attempts to blame SUEPO, the staff union of the EPO, even though SUEPO has nothing to do with articles that are critical of the EPO while many thousands of EPO employees are disgruntled

  19. Links 19/10/2016: Canonical Livepatch Service, Plasma Plans

    Links for the day

  20. The 'Sarah Sharps' of Microsoft: Not the Kind of Scandal the Media Cares Enough to Write About

    Another example of the large (industrial) scale of sexual discrimination at Microsoft -- a company that tries to advertise itself as diverse or tolerant and stigmatise Free/Open Source software (FOSS) as intolerant and/or not diverse

  21. EPO Caricature: EQE Questions

    The latest EPO cartoon, this time about European qualifying examination (EQE)

  22. The Long History or Seeds of Control by Fear and Punishment at the EPO

    The latest hogwash from Team Battistelli (Pinocchio), the latest instance of software patents promotion by EPO Principal Director, and an old (decade-old) nugget of information from the Forum for Principal Directors

  23. Subject of the European Patent Office's Abuses Raised in European Parliament by Ulrike Müller (ALDE)

    A local copy of a bunch of questions asked less than a month ago by Ulrike Müller at the European Parliament, regarding the unacceptable state of affairs at the European Patent Office (EPO)

  24. French Article About the EPO "Crisis"

    Le Monde, which covered EPO suicides and nervous breakdowns a year and a half ago, revisits the subject

  25. Battistelli Wants Us to Believe a Patent Office in a Freefall (EPO) is “Stronger and More Sustainable”

    Still in denial (or self-deluding for self indulgence), Battistelli writes about the EPO as though everything is rosy and people are happy

  26. Leaked Documents Shed More Light on What Happened to Alison Brimelow and How Battistelli Rose to Power

    How Battistelli's (almost) all-male (and all-white, mostly French) management came into being, not too long after Ms Alison Brimelow got elbowed out the Office

  27. Leaked: Outcomes of 149th Administrative Council's Meeting at the European Patent Organisation

    The raw details or a summary thereof, based on the above which serves to confirm what we wrote about several days ago, right after the quarterly meeting had ended

  28. Danish Press Coverage of the European Patent Office and the Problems Explored by Techrights

    Jesper Kongstad does virtually nothing to deny the arguments (or "accusations") and instead alludes to the style of the writings about him

  29. Links 18/10/2016: Release Candidate of Leap 42.2, Looking Ahead at GTK4

    Links for the day

  30. Links 17/10/2016: JS Foundation, Ubuntu 17.04 Named ‘Zesty Zapus’

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time


Recent Posts