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

02.19.16

A Preview of Injunctions/Raids Heaven in Europe With the Unitary Patent (Continent-Wide Bans and Embargoes by Patent Lawyers)

Posted in America, Asia, Europe, Patents at 10:18 am by Dr. Roy Schestowitz

No safe haven for European SMEs, which may be innocent but not affluent enough to prove it in a so-called ‘unitary’ court

Croatian flag
Whose regime is the EU striving to imitate?

Summary: Injunctions and raids in the United States (increasingly affecting small Chinese companies as well) serve as a reminder of the increasingly-aggressive borderless patent regimes (like the Unitary Patent Court)

ONE of our arguments against the Unitary Patent Court (UPC) is that it would not only increase damages, affecting a lot more European companies (as the accused/defendant/extorted for settlement), but that it would also cause bans on products from Europe, especially products that come from small companies that don’t have a legal department. China’s SIPO, as we showed here many times over the past year, increasingly adopts a USPTO-like model (where patent quantity, not quality, is emphasised, leaving all the actual examination work for courts to deal with at the price/cost/expense of thousands of dollars per day) and there are product bans too, based on EPO-funded media. It brags about “quick injunctions” as if banning a product before properly engaging in juridical review/overview is somehow great (it’s great for patent lawyers).

Last month we showed how a Chinese company had its products confiscated by a bunch of goons when they went to an expo in the US (CES) [1, 2, 3]. US Marshals raided a booth at a notoriously high-security (military-grade) event. Now, as it turns out, the process was somewhat of a sham. TechDirt explained it with the headline: “Remember How US Marshals Seized All Those ‘Hoverboards’ At CES In A Patent Dispute? The Company Has Now Dropped The Case” (probably because it lacked merit).

“Last month we showed how a Chinese company had its products confiscated by a bunch of goons when they went to an expo in the US (CES).”“Back in January,” explained TechDirt, “we wrote with some concern over the news that US Marshals had seized a bunch of one wheel scooters that everyone wants to call hoverboards, even though they don’t hover. The case involved a US company, Future Motion, that had gotten a lot of attention (and a utility patent and a design patent) on such single-wheel balancing scooters. Future Motion then sued a Chinese firm, Changzhou First International Trade Co., that was making a product that certainly looked similar. Changzhou was demonstrating its product at CES in Las Vegas, only to have the US Marshals raid its booth and seize all its products based on a 7 minute hearing in front a judge where Changzhou didn’t even get to present its side.”

Well, we too covered this at the time. The EPO-funded media (IAM) actually celebrated it, much as we have come to expect (we took note of this at the time). IAM will soon organise its EPO-funded pro-UPC event in the US. It’s an EPO project which broadens injunctions and makes these more severe. There are other associated issues, such as patent trolls, but this will be the subject of our next post.

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. Links 24/2/2017: Ubuntu 17.04 Beta, OpenBSD Foundation Nets $573,000 in Donations

    Links for the day



  2. IAM, Greased up by the EPO, Continues Lobbying by Shaming Tactics for the UPC, Under the Guise of 'News'

    The shrill and well-paid writers of IAM are still at it, promoting the Unitary Patent (UPC) at every opportunity and every turn



  3. Patent Scope Gone Awry: European Vegetable Patents Office?

    In its misguided race to raise so-called 'production', the EPO lost sight of its original goals and now facilitates patent royalty payments/taxation for naturally-recurring items of nature



  4. Yes, There is Definitely Brain Drain (Experience Deficit) at the European Patent Office and Stakeholders Feel It

    The direction that the European Patent Office has taken under Battistelli undoes many decades (almost half a century) of reputation-building and progress and naturally this repels existing staff, not to mention hampers recruitment efforts



  5. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  6. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  7. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  8. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  9. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  10. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  11. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  12. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  13. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  14. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  15. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  16. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  17. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  18. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  19. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  20. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  21. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  22. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  23. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  24. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  25. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  26. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  27. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  28. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  29. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  30. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)


CoPilotCo

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

CoPilotCo

Recent Posts