Bonum Certa Men Certa

EPO is on Strike, Battistelli Escapes to London With His Bodyguards for More UPC Lobbying, FTI Consulting Goes for Brussels

Billion-dollar handshakes: A 1% kind of meeting for the advancement of elite interests...

Neville-Rolfe and Battistelli



Summary: With trillions of dollars at stake (over the long run) the rich and the powerful, many of whom evade tax, continue to work behind closed doors (through agents or middlemen) in an effort to change the law in their favour while ordinary people are either uninformed or furious

THE EPO became an instrument of the rich and the powerful (perpetuating their wealth and power), which definitely isn't what its creators foresaw or had in mind (way back in the EPC days).



Battistelli's expected trip to London is starting to bear fruit (see this morning's tweet from Neville-Rolfe) and maybe he can also pay a visit to his London lawyers who are threatening me (two legal firms in London).

"Battistelli's expected trip to London is starting to bear fruit (see this morning's tweet from Neville-Rolfe) and maybe he can also pay a visit to his London lawyers who are threatening me (two legal firms in London)."Techrights is quite frankly disgusted by Battistelli's visit to the UK. He is not British, yet he is bending British law, and at the EPO he makes a mockery of British law while stomping on an Irish judge. To deport or extradite Battistelli would require him to be poor and less well-connected [1, 2, 3, 4, 5, 6]. These people, just like in Croatia, can seemingly get away anything. It's all about one's status; that's why people like Julian Assange have an arrest warrant against them (also in London, where he continues to expose/publish rich people's secrets) and Battistelli is treated like some kind of celebrity.

As we showed several weeks ago, Battistelli is expected to do some UPC lobbying over here. Now we have Bristows LLP staff (Annsley) doing an 'article' on Brian Cordery (Bristows LLP). The London-based IP Kat did what seems more like an ad, including UPC PR from Bristows LLP. What gives? Sites outside the UK do the same thing [via] because few people who work for very affluent people stand to gain from it.

"Techrights is quite frankly disgusted by Battistelli's visit to the UK. He is not British, yet he is bending British law, and at the EPO he makes a mockery of British law while stomping on an Irish judge."The other day we saw a legal firm citing Jane Lambert [1, 2], a loud proponent of the UPC. Lambert is used to spreading around the impression that irrespective of UK membership in the EU the UPC is inevitable, or some nonsense along those lines. Here we have lawyers quoting other lawyers for 'support': "Hopefully the United Kingdom won’t jeopardize the Unitary Patent project with a vote to withdraw the European Union, says Jane Lambert, barrister from 4-5 Gray’s Inn Square in London. ‘However, it could still continue without us’, Lambert told Kluwer IP Law in an interview."

This 'interview' is more like PR or lobbying. It's designed for perception-setting. Greedy patent lawyers in the UK lick their lips over the UPC, but at whose expense? They don’t mind crushing democracy (the public is not consulted at all) because it's all about serving themselves and their very affluent clients. Many doubts about the UPC persist, even from people who are within this system. To quote this one new comment:

Final thought - is the Baroness' interpretation of "European patent" (e.g. meaning just an EP(UK), and not the whole bundle) consistent with the prevailing interpretation of the opt-out scheme?

That is, if "European patent" in Article 83(3) UPCA is interpreted to mean the whole bundle, then how on earth is it that the same term is interpreted to mean something different in the context of Article 26 UPCA?


Another comment says: "The U.K. implementation is nonsense on stilts, but that is what is to be expected when you get a politically driven compromise that resulted in a UPC Agreement and UP Regulation that was not understood by those agreeing it. Let's see what the courts make of it. It will be particular fun when someone is found infringing by the UPC for acts that a national court would not find infringing. This is the inevitable result of how the UK is proposing to implement the UPC and UP. The fundamental tenets are fundamental. The mental implementation will be fun and mental."

These are the words of people who actually work in this field. Another comment says:

As far as I can figure, implementation of the UPP will mean that, instead of one (national) law applying to one patent in any given country, there will instead be at least three different laws of infringement to choose from.

For cases brought before the UPC, there will be two possible laws of infringement, namely: (1) for EPUEs, the national law applicable to EPUEs in the Contracting Member State identified under Articles 5(3) and 7 of the UP Regulation; and (2) for not opted-out EPs, Articles 24 to 29 of the UPCA, plus (if necessary) provisions from laws specified in Article 24 of the UPCA.

If we accept the view of the Preparatory Committee (as set out in their interpretative note on Article 83 UPCA), the national courts will, for both opted-out and not opted-out EPs, apply a different (third) law of infringement - i.e. the national law applicable to opted-out EPs.

There are plenty of EP applications that, at present, could qualify for unitary effect. For those applications, therefore, the applicable law will depend upon all of the following factors: - whether a request for unitary effect is filed (possible up to 3 months after grant); and, for non-unitary (parts) of patents in Contracting Member States of the UPCA - whether an opt-out is filed, whether the patent is effectively opted out via the commencement of a national court action during the transitional period and whether an opt-out, once filed, is later withdrawn.

Thus, for such patents, all three different laws of infringement are current possibilities. Further, there are many situations in which the law that will actually be applied will not be known unless and until a court action is commenced. This could even affect patents for which unitary effect is requested - as there remains a possibility for that unitary effect to be cancelled and for a national court action to commence.

As such, this situation reminds me of Schrödinger's famous thought experiment - as we will not know what the result is (i.e. applicable law of infringement) until we "open the box" (i.e. litigate) and find out what the court decides. For such "Schrödinger's patents", the possibilities for clever tactics and forum-shopping abound!

The situation could be particularly confusing for those MSs (such as Germany and France) where there is no distinct national law applicable to EPUEs. Whilst the UK's implementation clearly has its (arguable) flaws, you have to give the IPO credit for attempting to improve matters by providing specific laws for EPUEs and opted-out EPs.

Nevertheless, I have to laugh when I look at recital 25 of the UP Regulation - which appears to assume that introduction of the UPP will improve legal certainty. Much like what happened with the "Bolar" provision, the Commission clearly underestimated the ability of the Member States to create chaos from order!


Right now, as we pointed out before, the EPO's foreign PR agency (FTI Consulting with a huge budget) is sponsoring UPC propaganda events.

Based on the following E-mail sent around Brussels a few hours ago, over here in Europe this US-based firm (FTI Consulting) promotes similar agenda using events:

From: "Utta Tuttlies [EACD]" [redacted] Date: 7 Apr 2016 12:13 Subject: Invitation: EACD meets the EU - Expert panel discussion - 28th April 2016 To: [redacted] Cc:

Dear [redacted],

The EACD cordially invites you to the second edition of EACD meets the EU which will take place on April 28th from 18.00 to 20.30 at FTI Consulting in Brussels. The expert panel discussion will focus on "How can communication help with boosting investment in Europe?".

Boosting jobs, growth and investment is the no.1 priority of the Juncker Commission. With the Investment Plan for Europe, concrete steps have been taken at EU level to bridge the investment gap that emerged as a result of the economic crisis. How can communication help these efforts? How can investment projects and investors find each other? What can be done to improve business confidence? How can the role of different stakeholders such as the EU institutions, national and local governments as well as banks, companies and investors be communicated?

We hope to welcome you to this event! We also invite you to stay up-to-date and engage with us on LinkedIn, Twitter and Facebook with the hashtag #EACDmeetsEU!

With best regards,

Utta Tuttlies Board Member European Association of Communication Directors

Head of Press & Communications S&D Group, European Parliament

Meet Our Panelists

We are delighted to announce our panelists who will come together to share their thoughts about how to promote investment in Europe. Bela Dajka, Head of Corporate Communication at the European Commission will moderate the session.

Luc Van den Brande, Member of the Committee of the Regions, Adviser to European Commission President Juncker for the outreach towards citizens Miguel Gil Tertre, Member of the Cabinet of Vice-President Katainen, European Commission Matteo Maggiore, Director of Communications, European Investment Bank Ezio Fantuzzi, International Relations and Media, Asset Management and Real Estate, Generali Group

Venue & Registration

The event will take place at FTI Consulting, 23 Avenue Marnix, 1000 Brussels, Belgium and will be free of charge, compliments of the EACD and our partner, FTI Consulting.

To register, please go to:http://www.eacd-online.eu/activities/calendar/eacd-meets-eu-how-can-communication-help-boosting-investment-europe

Should you have any questions or concerns, please don't hesitate to contact us via email at info@eacd-online.eu.

About Our Partner

FTI Consulting, Inc. is a global business advisory firm dedicated to helping organizations protect and enhance enterprise value in an increasingly complex legal, regulatory and economic environment. With more than 4,400 employees located in 26 countries, FTI Consulting professionals work closely with clients to anticipate, illuminate and overcome complex business challenges in areas such as investigations, litigation, mergers and acquisitions, regulatory issues, reputation management, strategic communications and restructuring. The Company generated .76 billion in revenues during fiscal year 2014. For more information, visit www.fticonsulting.com and connect with us on Twitter (@FTIConsulting), Facebook and LinkedIn.

Your Contact

Dear [redacted],

We hope to welcome you in Brussels for this event. Should you have questions or comments, please feel free to contact us at info@eacd-online.eu.

With best regards,

Stefanie Schwerdtfeger EACD Coordination Team 37, Square de Meeûs B-1000 Brussels Tel +32 (0)2 219 22 90 stefanie.schwerdtfeger@eacd-online.eu With more than 2,300 members from 42 countries, the European Association of Communication Directors is the leading European network for in-house communicators. In addition to central events such as the European Communication Summit, the EACD hosts Regional Debates and Coaching Days across the European continent, where participants have the chance to meet with their peers from the region and share communications-related experience and ideas with colleagues who also work on an international level. If you wish to not receive further information on the EACD please unsubscribe here: http://reply.wm13.de/www.eacd-online.eu/unsubscribe/204617


FTI Consulting only pretends to be European (just like many corporations and lobbyists with offices in Brussels or London); it's actually based in the US. That's where a lot or European patent law (including, potentially, the UPC if it ever becomes a reality) seems to be discussed these days. Talk about loss of sovereignty.

There are very powerful forces that engaged in law laundering (e.g. secrecy laws to indirectly help hide tax evasion) and UPC is one of those things. ISDS in TPP/TTIP is beyond our scope of coverage. Battistelli's trip to the UK is a disgrace. It happens to coincide with culmination of anger at his Office. People don't show up at work. There's a strike.

Recent Techrights' Posts

Nobody is "Replaced by AI", It's Just a Smokescreen for Jobs Being Eliminated by Lack of Money (Too Much Debt) and Offshoring
It's also why many make the jokes about the "I" in "AI" being "India" or "Indians"
The US Government is Now in the Business (Literally!) of Saving Microsoft and Intel
This means that President TACO/Cheeto now has greater financial incentive to also prop up Microsoft and Windows
 
The UEFI Restricted Boot 'Time Bomb' is About to Go Off in a Few Weeks
Garrett was the first person to face sanctions (like muting) in our IRC channels because of his abuse; worse yet, he hijacked other people's names and then locked them out of their own accounts
Should Currys PCWorld Start Voiding Warranties of Users of Vista 11?
If a person's laptop has a mechanical issue, should this person replace GNU/Linux with Vista 11 for the repair shop? Only to damage the SSD?
Newer is Not Always Better, and It's Possible That 'Peak' is the Past
People creating their own platforms means progress, whereas centralisation (like moving from blogs to social control media) is the opposite of progress
LLM Hype is Sowing Destruction: It Contributes to DDoS Attacks and Makes the Web Less Accessible (JavaScript "R U Human?" Tests)
If it was googlebot, it would be possible to argue that you'd at least then get referral traffic from Google Search. With LLMs, all you get is plagiarised.
Links 24/08/2025: New York Times Talks About Hey Hi (AI) Bubble
Links for the day
Gemini Links 24/08/2025: Upgrading Debian and Mobile-indifferent Design
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 23, 2025
IRC logs for Saturday, August 23, 2025
Richard Stallman's Talk in Buenos Aires Scheduled for 16 November 2025 (a Month After FSF Turns 40)
they've just updated their site and Stallman is listed first
Men Who Abuse Women Should Never Spend Over 3 Years of the UK High Court's Time
This demonstrates that we need a reform in the UK
Slopwatch: Linux Journal, WebProNews, LinuxSecurity, and the Serial Slopper
The bubble needs to burst, but even then the Web will be left with residues of these slopfarms
Links 23/08/2025: Science, War, and Important Win for the British Media Against SLAPPers Who Abuse Women
Links for the day
Gemini Links 23/08/2025: BaseLibre Numerical System and Back to Oldschool
Links for the day
"Deserved Victory" for "Women That Suffered"
"GNM defended its reporting as being both true and in the public interest and in a judgment on Friday"
Links 23/08/2025: onmicrosoft.com as Spam Cannon, The Cheeto-Intel Deal Is Official
Links for the day
Wired Complained About LLM Slop Only Days Before It Got Caught Doing That Itself
Never throw stones in a glass house
IBM "Value" Down 14.16% in a Month, Red Hat Layoffs Allegedly Discussed 12 Days Ago
"IBM is a dinosaur. Dinosaurs get extinct when the don't keep up."
We're Seeing More Countries Where Windows Isn't Even in Second Place Anymore (Third or Worse)
In a way, Microsoft can barely even hold onto second place anymore
Microsoft Workers on Canonical's Payroll
If you want something that's sort of like Ubuntu but is not controlled by Canonical, then look into Linux Mint, Debian, or LMDE
GNU/Linux Climbs to 4% in Sierra Leone
Sierra Leone isn't a very rich country (to say the least), but it's better off than some of its neighbours
The SLAPPS Run Out of Oxygen Because They're Abuse of Process
At the end of the day we plan to publish over 1,000 articles explaining what happened
The Register MS Gets Paid by the Employer of the Previous Editor in Chief to Promote the "AI" Ponzi Scheme, Which Does Considerable Damage to the Web and to Online Journalists
The Register MS can 'badmouth' slop all it wants; it gets paid to inflate this bubble. It's actively participating in it.
Soon It'll be Autumn, Time to Repair Things
Where they don't charge an arm and a leg
Doing Our Best to Cover Software Patents When the Mainstream Media Does Not
Even the FSF has its limits
Gemini Links 23/08/2025: August Questions and Network Solutions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 22, 2025
IRC logs for Friday, August 22, 2025
Microsoft Has Issues in Guyana
It's not just Guyana
About 25% of the "Linux" News/Results in Google News Today Are LLM Slop, Almost 20% From the Same Rogue Operators of Slopfarms
Google, which tries to market itself as an LLM giant, apparently fails to understand what's wrong with it
Harassing People on Holiday
There are "no-go areas"; but that assumes all laws firms have ethical standards
The Great, Undeniable Value of Paper Trail, Not Purely Digital Systems
Suppose you have nothing but bits on someone else's computer and "word of mouth"...
The Company Behind Ars Technica, Reddit and Wired Caught Publishing LLM Slop (It Also Admits It Now)
Condé Nast busted
Links 22/08/2025: Lagrange 1.18.8, Wired Magazine and Business Insider Caught Resorting to LLM Slop
Links for the day
This Saturday It's Gonna be 3.5 Years* Since Russia Invaded Ukraine. No Microsoft Protests Against Microsoft Having Provided Russia With Services.
Companies do not have consistent policies and enforcement of "corporate values" is somewhat of an egg salad
Slopwatch: Sites Gone Rogue, Google Promoting Lies, and DDoS Attacks by Plagiarism Giants
Charlatans and frauds engage in a war against artistic industries, mislabeling plagiarism as "AI"
Links 22/08/2025: Cisco Layoffs, LA Times Says "AI Hype is Fading Fast"
Links for the day
Gemini Links 22/08/2025: K for Kentucky and Caddy Versus LLM Slopbots
Links for the day
The "End Software Patents" Initiative of the FSF Explains "WHY [to] ABOLISH SOFTWARE PATENTS"
We hope to cover patent-related issues more and more as the big anniversary of the FSF approaches
Freenode Sniffing
The grown-ups left the building
The Only Thing Worse Than Misinformation is Misinformation Sold to Everyone as "Intelligence"
Misplaced trust is worse than none at all
The Register MS Now Openly Admits LLM Hype Does Damage, But It's Also Being Paid to Participate in the LLM Hype (With Paid 'Articles' and 'Webcasts' for Paying Advertisers)
The Register MS gets paid to do this
End of the Smartphone Era? No.
Maybe the media should focus on producing accurate, factual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 21, 2025
IRC logs for Thursday, August 21, 2025
Enshittification of Airports, Airlines, and Airplanes
If people are willing to tolerate standard declines and enshittification (nowadays sold as "pivot to AI" or "replaced by AI" or "AI layoffs") they will pay for it some other way
Latest Is Not Greatest: The Case of "Foldable" Tech
don't be shamed into abandoning old things just because the "fashion industry" of Apple and Samsung tells you to
Airlines and Their Tricks That Only Work in the 'Digital Age'
People sceptical of the direction technology has taken are not "Luddites"
Open Source Initiative (OSI), Which Became a Propaganda Front of Microsoft and "Hey Hi" (Hype, Misnomer), Wants You to Forget These Scandals
A lot of these issues won't be set aside until there's a resolution