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

07.05.16

Potential Alignment of Special Interests at Mishcon de Reya: EPO, Microsoft, and Brexit (or UPC)

Posted in Europe, Patents at 12:44 pm by Dr. Roy Schestowitz

Helping the oppressors and aggressors

Con de ReyaSummary: The aggressive London-based legal firm (recently hired by the EPO), Mishcon de Reya, shows up again in relation to matters that are of relevance to the EPO and we analyse potential correlations

REPUTATION LAUNDERING is a big and growing objective at the EPO. Battistelli and his goons are trying to control the press, e.g. by silencing critical voices in it and using it to defame critical voices inside the Organisation. See today’s tweet from the EPO. This award pays millions of Euros of EPO budget to private corporations including the media, but the EPO does not want to say this to the public. In addition, the EPO wasted money on lawyers whom it used to send threatening letters to critics, like those who dare speak about the EPO-Microsoft connection. For information about this connection see past articles such as:

The last one is about the UPC, which probably isn’t going to happen. Earlier today the EPO wrote: “The EPO is pleased to inform users of its Online Filing software that a new update is now available” (follow the links to the downloads page and see how Microsoft-centric it all still is).

We recently thought about some FFII joint action against the UPC, but seeing that Brexit is already sending the UPC down the drain, this might not at all be necessary. This week, FFII’s Ante Wessels looks at some overlaps between the investor-to-state dispute settlement (ISDS), the large corporations’ wet dream, and UPC (serving to highlight TPP/TTIP connections):

UPC and ISDS: who would have to pay the damages awards?

[...]

Investment lawyer Pratyush Nath Upreti argues that investors will be able to use investor-to-state dispute settlement (ISDS) to challenge decisions of the Unified Patent Court (UPC). [1] Investors could for instance use a Dutch bilateral investment treaty to challenge UPC decisions. Upreti identifies Dutch investment treaties as suitable for treaty shopping and warns for more frivolous IP litigation in investor-to-state dispute settlement.

This raises a question. Who would bear the litigation costs and damages awards?

If investors use a Dutch investment treaty the Netherlands will be the respondent. UPC decisions may regard the whole UPC area (almost the whole EU). ISDS damages awards may include expected profits. The Netherlands could end up having to pay litigation costs and damages awards including expected profits for almost the whole EU.

It isn’t exactly news that UPC and ISDS would both serve large corporations and their aggressive lawyers such as Mishcon de Reya (also acting for Microsoft on the patent front). It was therefore interesting to see my lawyer publishing “The Mishcon de Reya legal challenge on Article 50 – some thoughts” (direct link to the source). As a reminder, Battistelli opposes Brexit because it harms his UPC plans; now his lawyers in London (who threatened me and stalked me online for a while after threatening letters had been sent by another firm regarding articles about Microsoft-EPO ties) step in and attempt to take action which would salvage the UPC and certainly help Microsoft too (a large client of Mishcon de Reya on the face of it). It’s a small world after all, but the overlap of interests, as explained above, might all boil down to coincidences. A pattern emerges, however, wherein Mishcon de Reya helps aggressive entities.

James Nurton, who did a soft interview with Battistelli some months back, earlier today released “Brexit 10 days on: latest developments”. It’s about the impact of Brexit, which EPO management certainty isn’t happy about. To quote Nurton: “Practitioners say that they have had many enquiries about filing national UK trade mark and design rights from clients who want to ensure they have protection in the country whatever happens post-Brexit.”

We suppose these enquiries actually meant money (per hour); so it’s not so bad after all to at least some of them…

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. Media Blasts EPO Over Immunity Amid Suicides, Battistelli's Behaviour Compared to Dominique Strauss-Kahn's

    Backlash in the Netherlands is growing again, primarily as a result of media reports about the EPO's abuses against basic rights and the government's reluctance to put an end to these abuses



  2. Hilarious: Battistelli Goes to Former French Colony With No Patents to 'Buy' the EPO a Perception of Legitimacy

    Having toured various banana republics in pursuit of easy-to-sign deals, Battistelli now goes to Cambodia again, in order to make it seem as though the EPO is conquering Asia



  3. Patent Trolls Like Finjan Holdings and Thomas Edison; the Latest Loss for Software Patents in the US and Their Move to China

    A look at the very latest patent news, which suggests further improvements in the US, pushback from the patent microcosm, and an outsourcing of a terrible system to Chinese territories, where the overpatenting plague grows rapidly



  4. Still Waiting for Official Confirmation That Michelle Lee Will Head the Patent Office Under Donald Trump's Administration

    As of today, there is still no official word on whether or not Lee continues her tenure, which saw the demise of patents on software and along with that the demise of patent trolls and frivolous litigation



  5. Links 23/1/2017: Wine Releases, Microsoft Layoffs

    Links for the day



  6. 'Reform' at the EPO Means Destroying the Staff Union, Crushing Patent Examiners, and Imposing on Europe a System It Does Not Want (UPC)

    The chaotic transition at the EPO -- a transition from something which has been workable to something intolerable -- and the role of the Unitary Patent (UPC), which lurks in the shadows and threatens to harm the whole of Europe



  7. Shakeup Against Patent Parasites in the US and More Rumours/Speculations About USPTO Director Michelle Lee After Trump's Inauguration

    The US patent system is becoming ever more hostile towards patent trolls, owing in part to reforms introduced under Michelle Lee's tenure, but people are still not certain that she will maintain her job and continue to fix the system



  8. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses

    Rather than crack down on human rights abuses, the Dutch government now sends out the signal that it's an island for those wish to violate human rights whilst enjoying immunity (EPO)



  9. Links 20/1/2017: Docker 1.13, Linux 4.4.44 LTS

    Links for the day



  10. “Federal Circuit Had Affirmed on Every Issue in 77.4% of the Patent Trial and Appeal Board Appeals it Had Seen” in 2016

    The Federal Circuit (CAFC) and Patent Trial and Appeal Board (PTAB) continue to squash a lot of patents on software, in contrast to that fake news from patent maximalists



  11. Kudelski Group Not Only Acts Like a Patent Troll But Also Run by Intellectual Ventures Person; Mobile Market in Dire State of Patent Armageddon

    The patent thicket which pervades everything that is used by billions of people, mobile technology in particular, can be traced back to a lot of non-practicing parasites (or patent trolls)



  12. Watchtroll and His Swamp Still Blame Google (Where Michelle Lee Came From) for Improving and Gradually Fixing Aspects of the US Patent System

    Shooting the messengers (even wrongly associating yours truly with Google) in an effort to undermine patent reform when it is so desperately needed due to serious injustices



  13. In an Age of Necessary Patent Reform and Permanent Uncertainty for Software Patents the Patent Microcosm Looks for Workarounds and Spin

    Commentary on the status quo in the Michelle Lee era and some examples of bias from the patent microcosm, as well as news regarding the NFL getting sued by the Kudelski Group



  14. Michelle Lee, USPTO Director, Should Recognise That the Patent Microcosm is Her Enemy Which Hates Her

    The latest outburst from the patent microcosm, which has a temper issue and notorious disdain for judges it does not agree with, is more of what we have come to expect



  15. Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

    Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world



  16. Beware Fake News About the Unitary Patent (UPC)

    The UPC is dead, deadlocked, stuck, in a limbo and so on; those who claim otherwise are merely lobbying (in disguise of "analysis" or "news")



  17. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  18. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  19. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  20. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  21. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  22. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  23. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years



  24. A Lot More Fake News About the UPC, Trying to Convince People That the UK is Ratifying (It's Not, It Cannot)

    Response to some of the latest misleading (self-serving) whispers about the fate of the Unified Patent Court (UPC), which is in a deadlock due to Brexit



  25. Rumours Suggest That EPO Management is Aware of Decline in Patent Quality and is Thus Actively Lying About it to the Media/Public

    Whenever Battistelli brags about patent quality he may be consciously and deliberately lying through his teeth if the latest rumours are correct



  26. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  27. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning



  28. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  29. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  30. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day


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