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

12.11.17

Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

Posted in Deception, Europe, Patents at 7:37 am by Dr. Roy Schestowitz

Bristows typically deletes comments it does not like, but too many people would notice if Bristows overdid it

Alan Johnson

Summary: The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin

THE EPO barely mentions the word/term “UPC”. Neither does the media. It’s dead.

Bristows keeps pushing UPC agenda into blogs other than its own, even on a Friday night; we expected criticism to be selectively deleted, as usual (it happened before), but some of it is starting to show up. On Monday morning someone wrote to us: “Kluwer, where have all the comments gone?”

“Did you notice that there are almost no comments (published) on this piece since it was put online on Friday evening although similar posts in the past attracted a lot of feedback, mostly within hours? Why do you think this is?”

Looking at Kluwer Patent Blog this morning, we actually find 3 more critical comments, namely:

RIP

When the UPCA was drafted and signed, the UK’s involvement and the establishment of part of the central division in London were key feature. That the agreement could be open to non-EU members had never been envisaged.
Brexit radically undermines these fundamental elements and, at best, the terms of the agreement need to be changed in a yet undefined way.
So how can it be that the ratification of an agreement that has become obsolete and no longer reflects the will of its authors is still a topic in those countries that have fortunately not yet done so?
And why on earth should the GCC submit such an outdated agreement to the CJEU in the circumstances?

Then someone from France (based on the URL/TLD) posted:

Dear proponents of the UPC and the post Brexit membership of UK,

When I see the problems which have led to an enquiry of of the Justice Sub-Committee of the House of Lords’ EU Committee, see

http://ipkitten.blogspot.fr/2017/12/role-of-cjeu-post-brexit-to-be.html

with respect of UK courts, I would like to hear why there are no problems with the UPC, which first, does not exist yet, and, secondly does not seem concerned by the enquiry, as it is not a UK court.

Please abstain from the standard reply: because it is an international court. If difficulties are foreseen in respect of enforcement for UK courts, it is hard to understand why an international would not be exposed to the same difficulties post Brexit.

The Lords seem to be concerned by legal certainty. Where is the legal certainty for the UPC?

It does not seem that the UPC was mentioned in Phase 1 negotiations, so it is unlikely to be mentioned in Phase 2 negotiations, which should start soon. Quo vadis UPC?

And one last comment (for now):

I am interested in your comment that “It rationalised correctly, however, that the UPC was an international court”. Am I correct to interpret this as meaning that you agree with Gordon & Pascoe’s characterisation of the nature of the UPC (as an “international court”, as opposed to a Benelux-style “court common to the (EU) Member States”)?

If so, could you please explain to me how the UPC can possibly refer preliminary questions to the CJEU? As I understand it, a court is only able to access the procedure under Article 267 TFEU if it is “a court or tribunal of a Member State”. If the UPC is an international court, then this would appear to take it out of the ambit of Art. 267… which would then appear make the UPC non-compliant with EU law.

I may be missing something here, and so any clarity that you can help to bring to this situation would be much appreciated.

But that’s not it. There’s even more from Bristows staff at IP Kat this morning, attracting the following comment:

Worth reading and linking together are the article on Kluwer and the comments posted on that article.

http://patentblog.kluweriplaw.com/2017/12/08/brexit-deal-means-unitary-patent-system/

IP Kat‘s/Bristows’ SPC advocacy (covered here yesterday) is also being mentioned:

For me, SPC law is more important than the UPC. The interpretation of the SPC as absorbed into UK law must still follow the EU approach until it is re-written by parliament. Likely, UK judges will rely on CJEU judgments, both existing and post-Brexit. Referrals to the UK Supreme Court may be required, but may be unwise as there is not even a part-experienced patent judge on the panel. Referrals to the CJEU, if not possible, would leave UK judges to make up their own minds – not a bad thing, possibly.

Team UPC/Bristows is then being called “zealots”:

It appears clearly the their Lordships are worried about legal certainty after the Brexit, and hence their enquiry. This applies to U.K. courts, especially their relationship with the CJEU and in matter of enforcement.

Not a word about the UPC! As it does not even exist, no wonder.

Could at least one of the UPC zelotes explain where they find any form of legal certainty in the post Brexit participation of the UKin the UPC, especially when it comes to enforcement? Please do not come up with the worn out argument it is an international court, and the Administrative Committee of UPC will fiddle a bit, so that everything will be honky dory!

Apparently no word about the UPC in Phase 1 negotiations, so nothing about the UPC in Phase 2.

As another blogger said, the UPC is barely a blip on the government radar.

Dear zelotes, wake up to reality, it is better for you. It will hurt, that is the only certainty.
My grand father used to say, that if you stick your head in the ground, do not be surprised that you then get your bottom smacked!
Still valid today.

Notice how every single comment is hostile. Readers know they are being lied to.

Regarding the UPC, the FFII’s President has asked: “Do they have a constitution in the UK? At least I heard there was a constitutional court #upc #rule_of_law”

With news about the Irish judge rising to the surface last night and earlier this morning (it looks like they’re letting Judge Corcoran back in; a source of ours cites “[t]he President of the Boards of Appeal as of Monday 11 December in execution of the judgements 3958 and 3960 of the administrative board of the ILO of 6 December 2017.”) it’s also worth quoting this new comment about the UPC situation in Ireland, an English-speaking country which indefinitely postponed the UPC referendum. “Ireland has to have a referendum on this patent court and granting if jurisdiction as it clashes with our constitution,” said the comment. “I’ll be thinking long and hard about what I’ll be voting for, that’s for sure.”

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 19/7/2018: Krita 4.1.1, Qt Creator 4.7.0, and Microsoft-Led Lobby Against Android in EU

    Links for the day



  2. IAM is Pushing SEPs/FRAND Agenda for Patent Trolls and Monopolists That Fund IAM

    The front group of patent trolls, IAM, sets up an echo chamber-type event, preceded by all the usual pro-FRAND propaganda



  3. “Trade Secrets” Litigation Rising in the Wake of TC Heartland, Alice, Oil States and Other Patent-Minimising Decisions

    Litigation strategies are evolving in the wake of top-level decisions that rule out software patents, restrict venue shifting, and facilitate invalidation of patents even outside the courtroom



  4. The EPO -- Like the Unified Patent Court (UPC) and Unitary Patent System -- is an Untenable Mess

    The António Campinos-led EPO, nearly three weeks under his leadership, still fails to commit to justice (court rulings not obeyed), undo union-busting efforts and assure independence of judges; this, among other factors, is why the Office/Organisation and the UPC it wants to manage appear more or less doomed



  5. Links 18/7/2018: System76's Manufacturing Facility, Microsoft-Led Lobby for Antitrust Against Android

    Links for the day



  6. What Patent Lawyers Aren't Saying: Most Patent Litigation Has Become Too Risky to be Worth It

    The lawyers' key to the castle is lost or misplaced; they can't quite find/obtain leverage in courts, but they don't want their clients to know that



  7. Software Patents Royalty (Tax) Campaign by IBM, a Serial Patent Bully, and the EPO's Participation in All This

    The agenda of US-based patent maximalists, including patent trolls and notorious bullies from the United States, is still being served by the 'European' Patent Office, which has already outsourced some of its work (e.g. translations, PR, surveillance) to the US



  8. The European Council Needs to Check Battistelli's Back Room Deals/Back Door/Backchannel With Respect to Christian Archambeau

    Worries persist that Archambeau is about to become an unworthy beneficiary (nepotism) after a Battistelli setup that put Campinos in power, supported by the Belgian delegation which is connected to Archambeau, a national/citizen of Belgium



  9. PTAB and § 101 (Section 101) Have Locked the Patent Parasites Out of the Patent System

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) have contributed a great deal to patent quality and have reduced the number of frivolous patent lawsuits; this means that firms which profit from patent applications and litigation hate it with a passion and still lobby to weaken if not scuttle PTAB



  10. Patents on Computer Software and Plants in the United States Indicative of Systemic Error

    The never-ending expansion of patent scope has meant that patent law firms generally got their way at the patent office; can the courts react fast enough (before confidence in patents and/or public support for patents is altogether shattered)?



  11. Yesterday's Misleading News From Team UPC and Its Aspiring Management of the Unified Patent Court (UPC)

    The Unified Patent Court (UPC) enthusiasts — i.e. those looking to financially gain from it — continue to wrestle with logic, manipulate words and misrepresent the law; yesterday we saw many law firms trying to make it sound as though the UPC is coming to the UK even though this isn’t possible and UPC as a whole is likely already dead



  12. Time for the European Commission to Investigate EPO Corruption Because It May be Partly or Indirectly Connected to EU-IPO, an EU Agency

    The passage of the top role at the EU-IPO from António Campinos to Christian Archambeau would damage confidence in the moral integrity of the European Council; back room deals are alleged to have occurred, implicating corrupt Battistelli



  13. Links 17/7/2018: Catfish 1.4.6 Released, ReactOS 0.4.9, Red Hat's GPL Compliance Group Grows

    Links for the day



  14. Links 16/7/2018: Linux 4.18 RC5, Latte Dock v0.8, Windows Back Doors Resurface

    Links for the day



  15. Alliance for US Startups and Inventors for Jobs (USIJ) Misleads the US Government, Pretending to Speak for Startups While Spreading Lies for the Patent Microcosm

    In the United States, which nowadays strives to raise the patent bar, the House Small Business Committee heard from technology firms but it also heard from some questionable front groups which claim to support "startups" and "jobs" (but in reality support just patents on the face of it)



  16. 'Blockchain', 'Cloud' and Whatever Else Gets Exploited to Work Around 35 U.S.C. § 101 (or the EPC) and Patent Algorithms/Software

    Looking for a quick buck or some low-quality patents (which courts would almost certainly reject), opportunists carry on with their gold rush, aided by buzzwords and hype over pretty meaningless things



  17. PTAB Defended by the EFF, the R Street Institute and CCIA as the Number of Petitions (IPRs) Continues to Grow

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) come to the rescue when patently-bogus patents are used, covering totally abstract concepts (like software patents do); IPRs continue to increase in number and opponents of PTAB, who conveniently cherry-pick Supreme Court (SCOTUS) decisions, can't quite stop that



  18. IAM/Joff Wild May Have Become a de Facto Media Partner of the Patent Troll iPEL

    Invitation to trolls in China, courtesy of the patent trolls' lobby called "IAM"; this shows no signs of stopping and has become rather blatant



  19. Cautionary Tale: ILO Administrative Tribunal Cases (Appeals) 'Intercepted' Under António Campinos

    The ILO Administrative Tribunal (ILO-AT) is advertised by the EPO's management as access to justice, but it's still being undermined quite severely to the detriment of aggrieved staff



  20. Asking the USPTO to Comply With 35 U.S.C. § 101 is Like Asking Pentagon Officials to Pursue Real, Persistent Peace

    Some profit from selling weapons, whereas others profit from patent grants and litigation; what's really needed right now is patent sanity and adherence to the public interest as well as the law itself, e.g. Supreme Court (SCOTUS) decisions



  21. BT and Sonos Are Still Patent Bullies, Seeing Patents as a Backup Plan

    The companies seeking to complement their business (or make up for their demise) using patents are still suing rivals while calling that litigation "research and development" (the same old euphemism)



  22. Jim Skippen, a Longtime Patent Troll, Admits That the Trolling Sector is Collapsing

    Canada's biggest patent troll (WiLAN) bar BlackBerry doesn't seem to be doing too well as its CEO leaves the domain altogether



  23. From East Asia to the Eastern District of Texas: XYZ Printing, Maxell, and X2Y Attenuators

    The patent aggression, which relies on improper litigation venues, harms innocent parties a great deal; only their lawyers benefit from all this mess



  24. Links 14/7/2018: Mesa 18.1.4, Elisa 0.2.1, More on Python's Guido van Rossum

    Links for the day



  25. Number of Oppositions to Grants/Awards of European Patents at the EPO Has Skyrocketed, Based on Internal Data

    The number of challenged patents continues to soar and staff of the EPO (examiners already over-encumbered by far too much work, due to unrealistic targets) would struggle to cope or simply be compelled to not properly deal with oppositions



  26. 'Transaction' Complete: Former EPO Executive From Belgium Takes the Seat of António Campinos at EU-IPO

    Rumours that Belgium made a back room deal with Battistelli may be further substantiated with the just-confirmed appointment of Archambeau



  27. EPO Abuses Against People With Disabilities Followed by Legal Bullying?

    The new President of the EPO is not (at least not yet) obeying court rulings from ILO; The above move seems like an attempt to derail ongoing cases at the ILO’s Administrative Tribunal (ILO-AT), i.e. yet more strong-arming



  28. Weeks Later António Campinos Still in Noncompliance With the Courts (ILO's Tribunal)

    'report card' for the ever-so-intransparent (or nontransparent) new President of the EPO, who does not even bother obeying court rulings



  29. Links 13/7/2018: Kube 0.7.0, Trisquel 8.0 LTS Reviewed

    Links for the day



  30. Constitutionality and CJEU as Barriers, the UPC Agreement (UPCA) is Already Moot in the United Kingdom

    The Unified Patent Court (UPC) isn't going anywhere and the UK merely "explores" what to do about it; for Team UPC, however, this means that the UK "confirms intention to remain in Unitary Patent system after Brexit" (clearly a case of deliberate misinformation)


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