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


IP Kat or IP Troll? IP2Innovate Warns That UPC Would Help Patent Trolls While IP Kat Promotes UPC

Posted in Europe, Patents at 5:32 am by Dr. Roy Schestowitz

Now we have even massive corporations on our side, gently antagonising the Unified Patent Court (UPC)

Who’s behind IP2Innovate? Some big names.

Summary: The fightback against the UPC finds unexpected allies — those who are clearly concerned about the detrimental effects that the UPC would have on practicing businesses

THE EPO cannot be replaced per se by the UPC, but UPC-like regimes can transform the EPO in defiance of the EPC and thus violate not only national laws and constitutions but also the very vision and rules, whose violation should be the deprecation of the EPO itself. The whole thing is a disaster in the making and what looks like EPO insiders can’t be blamed for being angry at IP Kat for aiding Battistelli's UPC agenda. They continue to slam IP Kat for its UPC lobbying/agenda-driving effort and here is the latest comment about it:

Quite frankly, the opinion of this author whose firm is heavily invested in the UPC is as biased and thus irrelvant as that of the other UPC proponents. They are all in vain trying to cherrypick from the apparent mess something to suit their needs and further their agenda. Whether it’s Tilmann, Mooney, Hoyng or now Mr Smyth.

They start suble exercises of interpreting official statements e.g. by the government or even the CJEU (Opinion 1/09), giving them a meaning that was certainly never thought of nor intended. The technique is always the same and one is left to wonder whether these people, apparently lacking any meaningful level of creativity, do really think that they can still be taken seriously.

An inevitable part of their story always is the remark “How numerous are likely to be CJEU referrals by the UPC anyway?” Quite frankly, as it has been pointed out elsewhere (bit.ly/2k0nOCV), in the end it may well be that CJEU involvement will not be as limited as now alleged. Of course, this allegation likewise serves the purpose of trying to paint the UPC picture that everything will be fine and coherent, but in reality it is not. The stage has already been set for allowing the CJEU to assume interpretation competence also with regard to interpreting material patent law, some unwary commentators have clearly said so, Mr Tilmann being amongst them. The main purpose of the ‘compromise’ on Articles 6 to 8 apparently was to hide this CJEU competence for later, until it can be ‘activated’.

But, of course, how would any UPC proponent ever be willing or able to just notice the facts and discuss on this basis, they rather prefer to build their own reality and sell this to others as facts.

As some people may have noticed, there is now a corporations-backed push which antagonises the UPC. That’s what we have been waiting for. Suffice to say, low patent quality leads to and supports patent trolls, as clearly shown in the US, China, etc. Battistelli actively supports trolls if he persists with that UPC crusade of his. Even large companies are growing nervous about it and some are eager to push back. One UPC observer/critic wrote that “patent trolls cases outside the US-German courts see more than 2/3 of all patent litigation held in Europe [] [quoting the relevant document] ‘Germany (and China, another bifurcated country) offers the best patentee win rate in infringement actions’ #unitarypatent #UPC #NPEs”

This is recognition of the contribution of UPC to trolling. The relevant citation for this is “The Rise of Non-Practicing Entity (NPE) Cases Outside the United States”, citing “Global Patent Litigation: How and Where to Win” from Michael C. Elmer and C. Gregory Gramenopoulos.

The UPC would be ever more useful to trolls now that a lot of bad patents are being granted in error. Last night we saw this puff piece titled “EPO Grants Record Number of European Patents in 2016″, but a better headline would be: “EPO doesn’t do quality control, just grants patents like a factory.”

This isn’t the fault of examiners by the way but the fault of policy (i.e. management).

Many of us software developers are concerned. The fear of patent trolls in Europe is real and was covered last night by Florian Müller, whose company would definitely be an attractive and ripe target for trolls. Several people associated with FFII have already felt the wrath of trolls (it devastated their employers). Here is a new article about the story which we believe a press release ‘broke’ (with Müller first to cover it):

‘Trolls’ file a “staggering” 20% of patent lawsuits in Germany, according to an advocacy coalition with members including Adidas, Google, Intel and Spotify.

IP2Innovate, formed last year, alleged that that EU is facing an “explosion” of patent infringement suits from patent trolls that are abusing Europe’s legal system for financial gain.

In a press release issued on Tuesday, April 4, the advocacy group demanded urgent action from the European Commission.

Here is the key part: “Patrick Oliver, executive director of IP2Innovate, said: “The risk will only increase with the implementation of the Unified Patent Court, which will make Europe an even more attractive venue for patent abuses. The European Commission must get tough with US patent trolls.””

Indeed. Thank you, Sir.

It’s time for everyone — EPO insiders included — to recognise that the UPC is an enemy of Europe and only a friend of few large corporations and their patent lawyers, who regularly lie 'on behalf' of SMEs.

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 Enemies of the Patent System Are Patent Maximalists, Not Those Pursuing Saner Patent Policy

    Taking stock of some recent news and remarking (yet again) on the danger the patent system faces if it allows patent lawyers rather than inventors to steer/influence policy (as seen in Europe with the failed UPC bid)

  2. The European Patent Office’s (EPO) Declining Patent Quality 'Tackled' by Making Appeals/Oppositions Harder and More Expensive

    The so-called 'System Battistelli' is proving to be a disaster which makes both examiners and patents obsolete; Making applications cheaper while making appeals/oppositions harder and more expensive is a recipe for disaster, assuring nothing but more litigation and more workloads for courts, where fees rise to extraordinary levels (in effect externalising the costs/toll of EPO to the public, primarily for gains of patent law firms)

  3. Ericsson, Acting Directly Rather Than Via the Patent Trolls It Habitually Uses, in a Patent War Against Linux/Android

    LG is the latest company to be sued by Ericsson, which doesn't just harass the competition (which actually sells something) through patent trolls but also directly, having won a case in the notorious Eastern District of Texas (EDTX/TXED)

  4. The Federation of International Civil Servants' Association: Frenchman “Campinos is Known for Having Close Ties to Mr. Battistelli Who Strongly Supported His Candidacy.”

    Readers find little or no room for optimism as Battistelli's final day at the Office approaches; FICSA is not optimistic either and the general consensus is that Battistelli's so-called 'reforms' will soon yield layoffs

  5. Links 22/3/2018: Mesa 17.3.7, Mesa 18.0.0 RC5, RawTherapee 5.4, Krita 4

    Links for the day

  6. Japan is Becoming Firmer on Patents, Whereas China Goes in the Opposite Direction

    Japan has become less tolerant of patent aggressors and more conscious/concerned about patent quality, which is why the patent microcosm would rather hail China as a role model (even when China's overall share of patents in Europe, for example, is about the same as tiny South Korea and a lot smaller than Japan's)

  7. Aggressive New Activities of Microsoft-Connected Patent Trolls: Finjan, Intellectual Ventures, and Dominion Harbor

    The extensive group of Microsoft-connected patent trolls is still very much active; Microsoft funds them, arms them, and gives them instructions while offering people 'protection' from them (if and only if they choose Azure)

  8. Battistelli's Ongoing Attacks on the Boards Are Helping Unitary Patent (UPC), Which in Turn Helps French Patent Trolls

    Battistelli will likely be remembered not only as the man who attacked justice (and judges) but also rendered staff redundant, issued a lot of highly controversial patents, and by doing so helped the insurgence of patent trolls in Europe

  9. Links 21/3/2018: Cutelyst 2, More on webOS

    Links for the day

  10. SUEPO: “Today May Be Your Last Chance to Demonstrate Against the Seriously Flawed Reforms That Mr Battistelli Has Imposed” on EPO Staff

    Benoît Battistelli will likely remain involved in EPO affairs for a long time to come (even through a fellow Frenchman, Campinos, whom he swaps two chairs with at the Office and CEIPI), but today is the last opportunity for EPO staff to march in protest against the Battistelli regime, which for the first time ever will result in major staff cuts and growing irrelevance for the Office

  11. Links 20/3/2018: GStreamer 1.14.0, Freespire 3.0, Endless OS 3.3.13

    Links for the day

  12. BIO, MDMA and PhRMA Are Pushing the PTAB-Hostile STRONGER Patents Act While IAM and Patently-O Continue to Bash PTAB

    The patent microcosm, which compares the Board to the above (crude analogy from Judge Rader and other patent extremists), is still trying to kill inter partes reviews (IPRs), in effect overlooking its own hypocrisy on the matter (they don’t want patent justice, they just want to metaphorically ‘shoot down’ the judges)

  13. 35 U.S.C. § 101 is Still Effectively Tackling Software Patents in the US, But Patent Law Firms Lie/Distort to 'Sell' These Anyway

    The assertion that software patents are still worth pursuing in 2018 is based on carefully-constructed spin which mis-frames several court decisions and underplays/downplays/ignores pretty much everything that does not suit the narrative

  14. Battistelli's EPO Became Extremely Reliant on China for Distraction and on Endless Supply of Applications (Supply Which Doesn't Exist)

    Discussion about the EPO granting machine (or patent-printing machine) and figures the way EPO management would rather the public won't ever see them; the concept that China means redemption for this patent system is as laughable as always

  15. The US International Trade Commission (USITC) Against Comcast, Courtesy of the Intellectual Ventures-Connected Rovi

    The USITC/ITC, which mostly serves to impose embargoes (sometimes in shocking defiance of PTAB decisions), is being invoked by a firm connected to the world’s largest patent troll, Intellectual Ventures

  16. Tinder/Match Group Uses Software Patents to Sue a Rival, Obviously Choosing to Sue in Texas

    Software patents are being used for leverage, but only those which were likely granted before Alice and only in courts at districts somewhere around Texas

  17. Links 19/3/2018: Linux 4.16 RC6, Atom 1.25, antiX 17.1, GNU Mcron 1.1

    Links for the day

  18. From PTAB Bashing to Federal Circuit (CAFC) Bashing: How the Patent 'Industry' Sells Software Patents

    The latest tactics of the patent microcosm are just about as distasteful as last month's (or last year's), with focus shifting to the courts and few broadly-misinterpreted patent cases (mainly Finjan, Berkheimer, and Aatrix)

  19. Patent Maximalists Keep Coming Up With New Terms and Buzzwords to Bypass the Practical Ban on Software Patents

    The fightback against Section 101 and the US Supreme Court (notably Alice) seems to concentrate on old and new buzzwords, such as "Software as a Medical Device" ("SaMD") or "Fourth Industrial Revolution" ("4IR"), which the EPO recently paid European media to spread and promote

  20. News About Patents is Often Just Advertisements Composed Directly or Indirectly by Companies That Sell Patents and Patent Services

    Infomercials are still dominant among news about patents, in effect drowning out the signal (real journalism) and instead pushing agenda that is detached from reality, pertinent facts, objective assessment, public interest and so on

  21. Blocks and Paywalls Won't Protect the Patent Trolls' Lobby From Scrutiny/Fact-Checking

    Joff Wild and Benoît Battistelli have much in common, including patent maximalism and chronic resistance to facts (or fact-checking)

  22. China Has Become Very Aggressive With Patents

    China now targets other Asian countries/firms -- more so than Western firms -- with patent lawsuits; we expect this to get worse in years to come

  23. UPC/Battistelli Booster IAM Blames Brexit Rather Than EPO Abuses

    While the EPO is collapsing due to mismanagement the boosters of Team Battistelli would rather deflect and speak about Brexit, which is itself partly motivated by such mismanagement

  24. European Commission Again Urged to Tackle Abuses at the European Patent Office (EPO)

    Rina Ronja Kari is the latest MEP attempting to compel the Commission to actually do something about the EPO other than turning a blind eye

  25. Links 18/3/2018: Wine 3.4, Wine-Staging 3.4, KDE Connect 1.8 for Android

    Links for the day

  26. TXED Courts Are Causing Businesses to Leave the District, Notably For Fear That Having Any Operations Based There is a Legal Liability

    A discussion about the infamous abundance of patent cases in the Eastern District of Texas (TXED/EDTX) and what this will mean for businesses that have branches or any form of operations there (making them subjected to lawsuits in that district even after TC Heartland)

  27. PTAB Hatred is So Intense Among the Patent 'Industry' That Even Scammers Are Hailed as Champions If They Target PTAB

    The patent microcosm is so eager to stop the Patent Trial and Appeal Board (PTAB) that it's supporting sham deals (or "scams") and exploits/distorts the voice of the new USPTO Director to come up with PTAB-hostile catchphrases

  28. The Patent 'Industry' is Increasingly Mocking CAFC and Its Judges Because It Doesn't Like the Decisions

    Judgmental patent maximalists are still respecting high courts only when it suits them; whenever the outcome is not desirable they're willing to attack the legitimacy of the courts and the competence of judges, even resorting to racist ad hominem attacks if necessary

  29. The Patent Trial and Appeal Board (PTAB) Carries on Enforcing § 101, Invalidating Software Patents and Upsetting the Patent 'Industry' in the Process

    A quick report on where PTAB stands at the moment, some time ahead of the Oil States decision (soon to come from the US Supreme Court)

  30. Luxembourg Can Become a Hub of Patent Trolls If the EPO Carries on With Its 'Reforms', Even Without the UPC

    With or without the Unified Patent Court (UPC), which is the wet dream of patent trolls and their legal representatives, the EPO's terrible policies have landed a lot of low-quality patents on the hands of patent trolls (many of which operate through city-states that exist for tax evasion -- a fiscal environment ripe for shells)


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


Recent Posts