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

04.06.17

Like EPO ‘Grants’ (up 40% in a Year), Patent Trolls in Europe Are Growing at Double-Digit Rates (Now 20% of All German Lawsuits)

Posted in Europe, Patents at 9:58 am by Dr. Roy Schestowitz

Rendition by Dutch cartoonist and illustrator KrewinkelKrijst [Web site], inspired by Animal Office

EPO Cartoon by KrewinkelKrijst
Full size (larger)

Summary: As Battistelli keeps crushing quality control at the EPO, in order to maximise supposed output (by compelling workers to hurry, doing a shoddy job under pressure), the level of abusive litigation soars in Germany — the very same nation that generously hosts Battistelli’s endless abuses of German law

THE EPO has certainly become a sham — so much so that it now flagrantly violates the very treaty that brought it into existence (EPC). The EPO is like an animal farm, where people are treated like animals (in industrial farming) and production is paramount irrespective of quality, health of workers, health/welfare of animals etc.

Thanks to the EPO’s management (at least in part, for we recognise Germany has its own patent office), Germany is now attracting a lot of patent trolls, with promise to do the same in the rest of Europe if this patent lunacy/frenzy isn’t stopped soon. This has already spread to London, as we first noted at the end of 2015 (Ericsson’s patent troll has just gotten its way there).

“They must be emboldened by plenty of terrible patents and terrible precedence — like that set by the EPO with controversial policies.”Yesterday, Florian Müller told me about this new report of his. As a team manager dealing with app development (he too is a programmer), he must be worried about patent trolls in Germany (he famously campaigned against software patents in Europe for this reason) and he is certainly worried about what goes on at the EPO these days. “Horacio,” he told me, the man who led Microsoft's trolling campaign for nearly a decade, “has now joined an anti-troll advocacy group whose other members include, for example, Google…”

“New IP advocacy group warns,” says the headline, that “trolls [are] now accounting for 20% of German patent suits…”

They must be emboldened by plenty of terrible patents and terrible precedence — like that set by the EPO with controversial policies. EPO examiners repeatedly tell us that they feel compelled to grant software patents even if they are against them (as per the EPC, European directives, common sense, industry and so on).

Müller has mentioned the UPC as well:

In mid-December, a new Brussels-based advocacy group named IP2Innovate (Intellectual Property 2 Innovate) made its first announcement. Its members include Google, Intel, Daimler, Spotify, Bull, adidas, Proximus, Wiko, and two other associations (the European Semiconductor Industry Association and the Syndicat de l’industrie des technologies de l’information). The new industry body is primarily concerned about the impact of patent trolls on innovative companies in Europe and believes that the situation will exacerbate dramatically if and when the Unified Patent Court is put in place.

Yes, this is exactly what we have warned about for years. Even some large companies openly admitted this (HP for example). It’s not hard to see who would benefit if UPC became a reality. Will companies care enough to undermine the UPC and oust Team Battistelli? The damage already done is enormous and the toll is far higher than the EPO’s annual budget. To Battistelli it’s all just an externality, or the cost of doing ‘business’ (or making a killing, sometimes literally).

Watch what happens with patent trolls in China right now (we wrote a lot about it). Or in Singapore…

“There are truly massive economic ratifications, especially where there is no indemnification, to the marginalisation of examination — just what Battistelli is doing right now.”“As it branches out,” IAM wrote today, “Razer [in Singapore] has faced its share of NPE [troll] litigation. Gaming-oriented smart watches, tablets and over-the-top streaming boxes have triggered US infringement suits from the likes of Blue Spike and Sportbrain. Razer will hope that audio and smartphone-related assets from THX and Nextbit complement its own modest portfolio, much of which names Tan as a co-inventor, to put it on stronger footing as it continues to come out with new devices.”

Patent maximalism tends to lead to more litigation and trolls find that economically attractive. There are truly massive economic ratifications, especially where there is no indemnification, to the marginalisation of examination — just what Battistelli is doing right now.

Battistelli is crushing Europe and crippling people while sipping drinks at his new bar.

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. The Unified Patent Court (UPC) is Dead, But Spin From Team UPC is Now Abundant

    As we predicted, Team UPC is now denying the very facts about a German court agreeing to hear a major UPC complaint, exploiting blogs with a larger audience to spread falsehoods



  2. EPO Roundup: Low Profile, Employment Changes, Patent Trolls, Refusal to Obey Courts, and Animal Breeding Patents

    A few recent developments and observations regarding the European Patent Office (EPO), which is in a volatile state and is making no public statement about the future of staff ('canteen talk' now revolves around alleged deep cuts to staffing)



  3. Links 22/2/2018: Qt Roadmap for 2018, Calculate Linux 17.12.2

    Links for the day



  4. As Expected, Bristows and Others Already Lying About UPC Status in Germany, But Doing This Anonymously (to Dodge Accountability for Lies)

    In their characteristic fashion, firms that created the UPC for their self-enrichment purposes, along with publishers/writers who deem it their role to promote the UPC and set up lobbying events for the UPC, look for ways to downplay if not intentionally distort what happened in Germany yesterday



  5. Further Attacks on EPO Staff and the Appeal Boards; Former EPO Boards of Appeal Member Speaks About EPO Scandals

    In the process of devaluing EPO workers and perhaps preparing them for a large round of layoffs information is also revealed about further repressions against the independence of the Boards of Appeal



  6. End of the UPC Lobby and Withdrawal of UPCA May Seem Imminent

    The Unitary Patent fantasy (of mass litigation firms) is coming to an end; in fact, the German government and courts (Bundesverfassungsgericht to be specific) now deem the complaint to be admissible and thus likely legitimate in spite of many attempts to shoot it down



  7. EPO's Board 28 Spikes Article 53 in CA/3/18, Apparently After Battistelli Withdrew It

    The latest plot twist, as odd as that may seem, is that the attack on the rights of thousands of workers (many of whom are rumoured to be on their way out) is curtailed somewhat, at least for the time being



  8. Links 21/2/2018: Apper 1.0, New Fedora ISOs

    Links for the day



  9. Rumour: European Patent Office to Lay Off a Significant Proportion of Its Workforce

    While the Administrative Council of the EPO praises Battistelli for his financial accomplishments (as laughable as it may seem) a lot of families stuck in a foreign country may soon see their breadwinner unemployed, according to rumours



  10. The Patent Trolls' Lobby, Bristows and IAM Among Others, Downplays Darts-IP/IP2Innovate Report About Rising If Not Soaring Troll Activity in Europe

    Exactly like last year, as soon as IP2Innovate opens its mouth Bristows and IAM go into "attack dog" mode and promote the UPC, deny the existence or seriousness of patent trolls, and promote their nefarious, trolls-funded agenda



  11. Links 20/2/2018: Mesa 17.3.5, Qt 5.11 Alpha, Absolute 15.0 Beta 4, Sailfish OS 2.1.4 E.A., SuiteCRM 7.10

    Links for the day



  12. Replacing Patent Sharks/Trolls and the Patent Mafia With 'Icons' Like Thomas Edison

    The popular perceptions of patents and the sobering reality of what patents (more so nowadays) mean to actual inventors who aren't associated with global behemoths such as IBM or Siemens



  13. The Patent Trolls' Lobby is Distorting the Record of CAFC on PTAB

    The Court of Appeals for the Federal Circuit (CAFC), which deals with appeals from PTAB, has been issuing many decisions in favour of § 101, but those aren't being talked about or emphasised by the patent 'industry'



  14. Japan Demonstrates Sanity on SEP Policy While US Patent Policy is Influenced by Lobbyists

    Japan's commendable response to a classic pattern of patent misuse; US patent policy is still being subjected to never-ending intervention and there is now a lobbyist in charge of antitrust matters and a lawyer in charge of the US patent office (both Trump appointees)



  15. The Patent Microcosm's Embrace of Buzzwords and False Marketing Strives to Make Patent Examiners Redundant and Patent Quality Extremely Low

    Patent maximalists, who are profiting from abundance of low-quality patents (and frivolous lawsuits/legal threats these can entail), are riding the hype wave and participating in the rush to put patent systems at the hands of machines



  16. Today, at 12:30 CET, Bavarian State Parliament Will Speak About EPO Abuses (Updated)

    The politicians of Bavaria are prepared to wrestle with some serious questions about the illegality of the EPO's actions and what that may mean to constitutional aspects of German law



  17. Another Loud Warning From EPO Workers About the Decline of Patent Quality

    Yet more patent quality warnings are being issued by EPO insiders (examiners) who are seeing their senior colleagues vanishing and wonder what will be left of their employer



  18. Links 19/2/2018: Linux 4.16 RC2, Nintendo Switch Now Full-fledged GNU/Linux

    Links for the day



  19. PTAB Continues to Invalidate a Lot of Software Patents and to Stop Patent Examiners From Issuing Them

    Erasure of software patents by the Patent Trial and Appeal Board (PTAB) carries on unabated in spite of attempts to cause controversy and disdain towards PTAB



  20. The Patent 'Industry' Likes to Mention Berkheimer and Aatrix to Give the Mere Impression of Section 101/Alice Weakness

    Contrary to what patent maximalists keep saying about Berkheimer and Aatrix (two decisions of the Federal Circuit from earlier this month, both dealing with Alice-type challenges), neither actually changed anything in any substantial way



  21. Makan Delrahim is Wrong; Patents Are a Major Antitrust Problem, Sometimes Disguised Using Trolls Somewhere Like the Eastern District of Texas

    Debates and open disagreements over the stance of the lobbyist who is the current United States Assistant Attorney General for the Antitrust Division



  22. Patent Trolls Watch: Microsoft-Connected Intellectual Ventures, Finjan, and Rumour of Technicolor-InterDigital Buyout

    Connections between various patent trolls and some patent troll statistics which have been circulated lately



  23. Software Patents Trickle in After § 101/Alice, But Courts Would Not Honour Them Anyway

    The dawn of § 101/Alice, which in principle eliminates almost every software patent, means that applicants find themselves having to utilise loopholes to fool examiners, but that's unlikely to impress judges (if they ever come to assessing these patents)



  24. In Aatrix v Green Shades the Court is Not Tolerating Software Patents But Merely Inquires/Wonders Whether the Patents at Hand Are Abstract

    Aatrix alleges patent infringement by Green Shades, but whether the patents at hand are abstract or not remains to be seen; this is not what patent maximalists claim it to be ("A Valentine for Software Patent Owners" or "valentine for patentee")



  25. An Indoctrinated Minority is Maintaining the Illusion That Patent Policy is to Blame for All or Most Problems of the United States

    The zealots who want to patent everything under the Sun and sue everyone under the Sun blame nations in the east (where the Sun rises) for all their misfortunes; this has reached somewhat ludicrous levels



  26. Berkheimer Decision is Still Being Spun by the Anti-Section 101/Alice Lobby

    12 days after Berkheimer v HP Inc. the patent maximalists continue to paint this decision as a game changer with regards to patent scope; the reality, however, is that this decision will soon be forgotten about and will have no substantial effect on either PTAB or Alice (because it's about neither of these)



  27. Academic Patent Immunity is Laughable and Academics Are Influenced by Corporate Money (for Steering Patent Agenda)

    Universities appear to have become battlegrounds in the war between practicing entities and a bunch of parasites who make a living out of litigation and patent bubbles



  28. UPC Optimism Languishes Even Among Paid UPC Propagandists Such as IAM

    Even voices which are attempting to give UPC momentum that it clearly lacks admit that things aren't looking well; the UK is not ratifying and Germany make take years to look into constitutional barriers



  29. Bejin Bieneman Props Up the Disgraced Randall Rader for Litigation Agenda

    Randall Rader keeps hanging out with the litigation 'industry' -- the very same 'industry' which he served in a closeted fashion when he was Chief Judge of the Federal Circuit (and vocal proponent of software patents, patent trolls and so on)



  30. With Stambler v Mastercard, Patent Maximalists Are Hoping to Prop Up Software Patents and Damage PTAB

    The patent 'industry' is hoping to persuade the highest US court to weaken the Patent Trial and Appeal Board (PTAB), for PTAB is making patent lawsuits a lot harder and raises the threshold for patent eligibility


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