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. Links 26/4/2017: SMPlayer 17.4.2, Libreboot Wants to Rejoin GNU

    Links for the day



  2. PatentShield is Not the Solution and It Won't Protect Google/Android From Patent Trolls Like Microsoft's

    A new initiative called "PatentShield" is launched, but it's yet another one of those many initiatives (Peer-to-Patent and the likes of it, LOT Network, OIN, PAX etc.) that serve to distract from the real and much simpler solutions



  3. Patent Quality Crisis and Unprecedented Trouble at the European Patent Office (EPO) Negatively Affect Legitimate Companies in the US As Well

    The granting en masse of questionable patents by the EPO (patent maximalism) is becoming a liability and growing risk to companies which operate not only in Europe but also elsewhere



  4. Blog 'Takeovers' by Bristows and Then Censorship: Now This Firm Lies About the Unitary Patent (UPC) and Then Deletes Comments That Point Out the Errors

    Not only are Bristows employees grabbing the mic in various high-profile IP blogs for the purpose of UPC promotion (by distortion of facts); they also actively suppress critics of the UPC



  5. Links 25/4/2017: Kali Linux 2017.1 Released, NSA Back Doors in Windows Cause Chaos

    Links for the day



  6. Astoundingly, IP Kat Has Become a Leading Source of UPC and Battistelli Propaganda

    The pro-UPC outlets, which enjoy EPO budget (i.e. stakeholders' money), are becoming mere amplifiers of Benoît Battistelli and his right-hand UPC woman Margot Fröhlinger, irrespective of actual facts



  7. EPO Fiasco to be Discussed in German Local Authority (Bavarian Parliament) Some Time Today as the Institution Continues Its Avoidable Collapse

    Conflict between management and staff -- a result of truly destructive strategies and violations of the law by Benoît Battistelli -- continues to escalate and threatens to altogether dismantle the European Patent Office (EPO)



  8. In the US and Elsewhere, Qualcomm's Software Patents Are a Significant Tax Everyone Must Pay

    The state of the mobile market when companies such as Qualcomm, which don't really produce anything, take a large piece of the revenue pie



  9. In South Asia, Old Myths to Promote Patent Maximalism, Courtesy of the Patent Microcosm

    The latest example of software patents advocacy and patent 'parades' in India, as well as something from IPOS in Singapore



  10. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  11. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  12. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  13. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions



  14. EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO's Decision

    The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli -- activities that are both illegal (as per national and international standards) and are detrimental to the Organisation



  15. Links 23/4/2017: End of arkOS, Collabora Office 5.3 Released

    Links for the day



  16. Intellectual Discovery and Microsoft Feed Patent Trolls Like Intellectual Ventures Which Then Strategically Attack Rivals

    Like a swarm of blood-sucking bats, patent trolls prey on affluent companies that derive their wealth from GNU/Linux and freedom-respecting software (Free/libre software)



  17. The European Patent Office Has Just Killed a Cat (or Skinned a 'Kat')

    The EPO’s attack on the media, including us, resulted in a stream of misinformation and puff pieces about the EPO and UPC, putting at risk not just European democracy but also corrupting the European press



  18. Yann Ménière Resorts to Buzzwords to Recklessly Promote Floods of Patents, Dooming the EPO Amid Decline in Patent Applications

    Battistelli's French Chief Economist is not much of an economist but a patent maximalist toeing the party line of Monsieur Battistelli (lots of easy grants and litigation galore, for UPC hopefuls)



  19. Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

    Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments



  20. Links 21/4/2017: Qt Creator 4.2.2, ROSA Desktop Fresh R9

    Links for the day



  21. At the EPO, Seeding of Puff Piece in the Press/Academia Sometimes Transparent Enough to View

    The EPO‘s PR team likes to 'spam' journalists and others (for PR) and sometimes does this publicly, as the tweets below show — a desperate recruitment and reputation laundering drive



  22. Affordable and Sophisticated Mobile Devices Are Kept Away by Patent Trolls and Aggressors That Tax Everything

    The war against commoditisation of mobile computing has turned a potentially thriving market with fast innovation rates into a war zone full of patent trolls (sometimes suing at the behest of large companies that hand them patents for this purpose)



  23. In Spite of Lobbying and Endless Attempts by the Patent Microcosm, US Supreme Court Won't Consider Any Software Patent Cases Anymore (in the Foreseeable Future)

    Lobbyists of software patents, i.e. proponents of endless litigation and patent trolls, are attempting to convince the US Supreme Court (SCOTUS) to have another look at abstract patents and reconsider its position on cases like Alice Corp. v CLS Bank International



  24. Expect Team UPC to Remain in Deep Denial About the Unitary Patent/Unified Court (UPC) Having No Prospects

    The prevailing denial that the UPC is effectively dead, courtesy of sites and blogs whose writers stood to profit from the UPC



  25. EPO in 2017: Erroneously Grant a Lot of Patents in Bulk or Get Sacked

    Quality of patent examination is being abandoned at the EPO and those who disobey or refuse to play along are being fired (or asked to resign to avoid forced resignations which would stain their record)



  26. Links 21/4/2017: System76 Entering Phase Three, KDE Applications 17.04, Elive 2.9.0 Beta

    Links for the day



  27. Bristows-Run IP Kat Continues to Spread Lies to Promote the Unitary Patent (UPC) and Advance the EPO Management's Agenda

    An eclectic response to some of the misleading if not villainous responses to the UPC's death knell in the UK, as well as other noteworthy observations about think tanks and misinformation whose purpose is to warp the patent system so that it serves law firms, for the most part at the expense of science and technology



  28. Links 20/4/2017: Tor Browser 6.5.2, PacketFence 7.0, New Firefox and Chrome

    Links for the day



  29. Patents on Business Methods and Software Are Collapsing, But the Patent Microcosm is Working Hard to Change That

    The never-ending battle over patent law, where those who are in the business of patents push for endless patenting, is still ongoing and resistance/opposition is needed from those who actually produce things (other than litigation) or else they will be perpetually taxed by parasites



  30. IAM, the Patent Trolls' Voice, is Trying to Deny There is a Growing Trolling Problem in Europe

    IAM Media (the EPO's and trolls' mouthpiece) continues a rather disturbing pattern of propaganda dressed up as "news", promoting the agenda of parasites who drain the economy by extortion of legitimate (producing) companies


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