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

04.07.16

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

Posted in Deception, Europe, Law, Patents at 10:39 am by Dr. Roy Schestowitz

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.

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 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  2. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  3. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  4. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  5. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  6. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  7. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  8. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  9. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  10. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  11. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  12. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  13. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  14. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  15. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  16. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  17. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  18. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"



  19. Links 14/3/2019: GNOME 3.32 and Mesa 19.0.0 Released

    Links for the day



  20. EPO 'Results' Are, As Usual, Not Measured Correctly

    The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative



  21. Good News Everyone! UPC Ready to Go... in 2015!

    Benoît Battistelli is no longer in Office and his fantasy (patent lawyers' fantasy) is as elusive as ever; Team UPC is trying to associate opposition to UPC with the far right (AfD) once again



  22. Links 13/3/2019: Plasma 5.15.3,Chrome 73 and Many LF Press Releases

    Links for the day



  23. In the Age of Trumpism EFF Needs to Repeatedly Remind Director Iancu That He is Not a Judge and He Cannot Ignore the Courts

    The nonchalance and carelessness seen in Iancu's decision to just cherry-pick decisions/outcomes (basically ignoring caselaw) concerns technologists, who rightly view him as a 'mole' of the litigation 'industry' (which he came from)



  24. Links 12/3/2019: Sway 1.0 Released, Debian Feuds Carry On

    Links for the day



  25. Microsoft is Complaining About Android and Chrome OS (GNU/Linux) Vendor Not Paying for Microsoft Patents (Updated)

    Microsoft, which nowadays does the patent shakedown against GNU/Linux by proxy, is still moaning about companies that don’t pay ‘protection’ money (grounds for antitrust action or racketeering investigation)



  26. Watchtroll Has Redefined "Trolls" to Mean Those Who Oppose Software Patents (and Oppose Trolls), Not Those Who Leverage These for Blackmail Alone

    The controversial change to 35 U.S.C. § 101 guidance is being opposed by the public (US citizens who oppose American software patents), so patent maximalists like Janal Kalis (“PatentBuddy”) and extremists like Gene Quinn (Watchtroll) want us to believe that the public is just “EFF” and cannot think for itself



  27. EPO's Latest 'Results' Show That António Campinos Has Already Given Up on Patent Quality and is Just Another Battistelli

    The patent-granting machine that the EPO has become reports granting growth of unrealistic scale (unless no proper examination is actually carried out)



  28. Links 11/3/2019: Linux 5.0.1, Audacity 2.3.1, GNU Coreutils 8.31

    Links for the day



  29. US Patent Law Currently Not Changing Much and Software Patents Are Still in Limbo

    Surveying the news, as we still meticulously do (even if we don't write about it), it seems clear that American courts hardly tolerate software patents and proponents of such patents are losing their voice (or morale)



  30. EPO Examiner: “I Have Been Against Software Patents and Eventually 3/4 of My Job is Examining Software Patent Applications.”

    Overworked examiners aren't being given the time, the tools and the freedom to reject patents, based on prior art, patent scope and so on; it is beginning to resemble a rubber-stamping operation, not an examining authority


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