01.11.18

EPO Lobby and Team UPC’s ‘Resistance’ to the UPC Opposition in Germany

Posted in Europe, Patents at 3:42 pm by Dr. Roy Schestowitz

Tilmann and co.

German UPC proceedings

Summary: German UPC proceedings have yielded submissions from Team UPC, but will the court know why they are lobbying the court and what destructive agenda they have in mind?

“The first 3^rd party statement in the German court proceedings has been made public,” a reader told us today. The deadline was almost a fortnight ago and they have put a document out there (direct link to the PDF, which is in German). Watch the names on it. So objective a group, eh? They are not concerned citizens but greedy, self-serving people who propelled the UPC to where it got.

The EPO is meanwhile pushing hard its so-called ‘paper’ (which it paid academics to produce, allegedly to help lobby the German court). It wrote about it no less than twice today [1, 2]. “Improved harmonisation of Europe’s patent system has the potential to increase trade & FDI in high-tech sectors by up to 2% & 15% in the EU,” said the first tweet and the second said this: “Stronger patent protection has a significant positive impact on high-IP imports and on the value and number of FDI deals in high-IP sectors.”

“Imagine how many European SMEs would be subjected to worldwide or EU-wide embargoes due to just one single action of one patent bully or patent troll. Based on a judgment delivered in a language that the SME does not even understand…”The EPO is basically trying to buy ‘facts’. It’s a new low for the EPO (it was at the time) because it practically corrupts academia.

The UPC is more or less dead (just not officially). No point pushing it in the UK now that Johnson is out, but they are so deseperate that they will attempt anything, even 39 pages of text (as above) and money for corruptible academics.

What’s at stake here is Europe’s future. Will it harbour innovation or embargo? To use this example from today at IAM, China is the next Eastern District of Texas. Shenzhen facilitates embargoes now:

The Intermediate People’s Court in Shenzhen has handed down the latest milestone Chinese FRAND decision, with local telecom Huawei earning an SEP injunction as part of its wide-ranging assertion campaign against Samsung Electronics.

The decision was announced by an official social media channel of the court today. The short notice describes the ruling as the first SEP injunction to be issued in China on the basis of an “international” SEP. The Beijing IP Court previously granted an injunction against Sony back in March 2017, but the standard at issue there was WAPI, a seldom-used protocol which is only implemented in China.

Now consider the UPC. Imagine how many European SMEs would be subjected to worldwide or EU-wide embargoes due to just one single action of one patent bully or patent troll. Based on a judgment delivered in a language that the SME does not even understand… the entire prospect in its own right is insane. █

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.

Permalink Mail Send this to a friend

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

Late on a Friday is a Good Time to Spread Misinformation About Unified Patent Court (UPC) Without Being Challenged

What Else is New

Patent Strengthening Would Necessarily Mean Lowering the Number of Patents Granted After Alice/35 U.S.C. § 101

The concept of patent strength is being distorted in all sorts of ways and acronyms like IPR still being used not to describe the process by which bad patents get eliminated but to spread propaganda like 'intellectual' 'property' 'rights'
Watchtroll's Reaffirmed Hatred Towards Science and Technology, Shattering the Myth About Patent Law Firms Trying to 'Help' Innovation

The anti-technology rhetoric (what they call derogatorily "Big Tech") of patent maximalists is ruining their old narrative which goes something along the lines of helping inventors
Nearly Half of Patent Applications at the EPO Are (at Least Partly) Software Patents, According to the EPO, and Not Many Patents Are European (Foreign, Not Domestic)

With lack of care for examiners, for European businesses and for science in general the EPO carries on unabated; its agenda seems to be steered by Team UPC, which is looking to profit from lots of foreign lawsuits across Europe (relying on low-quality patents that wouldn't pass muster in national courts)
Patent Factory Europe (PFE) is a Patent Troll's Publicity Stunt, Attempting to Frame a Predator as the Small Businesses' Friend and Ally

Patent troll "France Brevets" with its tarnished name (it's the shame of France, a major source of shame other than Battistelli) has decided to do a charm offensive which characterises it as a friend of small firms (SMEs)
Alice, Which Turns Four, Has Saved Billions of Dollars Previously Wasted on 'Protection' Money (Notably Patent Trolls)

Alice has turned 4 (just five days ago) and software patents have never looked weaker (close to impossible to enforce in high courts in the United States), lowering the incentive to pursue such patents in the first place
Links 23/6/2018: Kodi 18 Alpha 2, Peppermint 9, Wine 3.11

Links for the day
Somewhat Underwhelming Reception for US Patent Number 10,000,000 (Which Actually Isn't)

While US patent number 10,000,000 did, in fact, get issued (several days ago) there are un-ignorable reminders that a lot more patents exist and the high number says more about neglected quality than actual, objective success
The United States' Supreme Court Takes the Side of Patent Maximalists, for a Change

WesternGeco LLC v. ION Geophysical Corp. reaches its conclusion; while it has zero effect on patent scope, it does serve to show that the US Supreme Court (SCOTUS) isn’t inherently biased against patents in general
Mainstream Media in Germany Covers Battistelli's Corruption at the EPO Just as He Leaves

Mainstream German media writes about Battistelli's scandals that nobody seems eager or wishes to discuss, let alone bring up; law-centric German media covers the now-famous open letter from German law firms (Grünecker, Hoffmann Eitle, Maiwald, and Vossius & Partner)
Links 22/6/2018: PulseAudio 12.0, Krita 4.1 Beta, LabPlot 2.5, Git 2.18.0

Links for the day
“Dr Ernst Should be Forced by National Politicians to Step Down With Immediate Effect” After Battistelli's Latest EPO Scandals

Further discussions about the horrible legacy of Battistelli and his protectors, who seem to be interested in a patent trolls-friendly patent system which devalues workers and consciously lowers the patent bar (at all costs, even violation of laws and constitutions)
Links 21/6/2018: Microsoft's 'Damage Control' Amid Role in ICE Scandals, 11-Hour Azure Downtime (Again), GNOME 3.29.3, and More GNU/Linux Wins

Links for the day
Battistelli and Topić Lose Their Bogus 'Case' Against Judge Corcoran After They Defamed Him and Ruined His Career/Life

The SLAPP action against Judge Patrick Corcoran, who has so far won all cases involving the EPO, is finally dismissed in Germany; what remains is an ugly legacy at the EPO, wherein everyone bold enough to say something about corruption at the top is having his or her life — not just career — destroyed
Even Media of the Patent Microcosm Mentions the Decline in Quality of Patents at the EPO, Based on Its Very Own Stakeholders, While IAM Ignores the News

The whole world basically accepts, based on patent examiners as well as those whom they interact with (patent agents), that patent quality at the EPO has sunk; but the EPO and IAM continue to vigorously deny that as it threatens some people's nefarious agenda
Links 20/6/2018: Qt 5.11.1, Oracle Solaris 11.3 SRU 33, HHVM 3.27.0, Microsoft Helping ICE

Links for the day
Patent Extremists Are Unable to Find Federal Circuit Cases That Help Them Mislead on Alice

Patent extremists prefer talking about Mayo but not Alice when it comes to 35 U.S.C. § 101; Broadcom is meanwhile going on a 'fishing expedition', looking to profit from patents by calling for embargo through the ITC
What Use Are 10 Million Patents That Are of Low Quality in a Patent Office Controlled by the Patent 'Industry'?

The patent maximalists are celebrating overgranting; the USPTO, failing to heed the warning from patent courts, continues issuing far too many patents and a new paper from Mark Lemley and Robin Feldman offers a dose of sobering reality
The Eastern District of Texas is Where Asian Companies/Patents/Trolls Still Go After TC Heartland

Proxies of Longhorn IP and KAIST (Katana Silicon Technologies LLC and KAIST IP US LLC, respectively) roam Texas in pursuit of money of out nothing but patents and aggressive litigation; there's also a Microsoft connection
EPO Insiders Correct the Record of Benoît Battistelli’s Tyranny and Abuse of Law: “Legal Harassment and Retaliation”

Battistelli’s record, as per EPO-FLIER 37, is a lot worse than the Office cares to tell stakeholders, who are already complaining about decline in patent quality
Articles About a Unitary Patent System Are Lies and Marketing From Law Firms With 'Lawsuits Lust'

Team UPC has grown louder with its lobbying efforts this past week; the same lies are being repeated without much of a challenge and press ownership plays a role in that
The Decline in Patent Quality at the EPO Causes Frivolous Lawsuits That Only Lawyers Profit From

The European Patent Office (EPO) will continue granting low-quality European Patents under the leadership of the Battistelli-'nominated' Frenchman, António Campinos; this is bad news for science and technology as that quite likely means a lot more lawsuits without merit (which only lawyers profit from)
What Battistelli's Workers Think of His Latest EPO Propaganda

"Modernising the EPO" is what Battistelli calls a plethora of human rights abuses and corruption
Links 19/6/2018: Total War: WARHAMMER II Confirmed for GNU/Linux, DragonFlyBSD 5.2.2 Released

Links for the day
More Media Reports About Decline in Quality of European Patents (Granted by the EPO)

What the media is saying about the letter from Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner whilst EPO communications shift attention to shallow puff pieces about how wonderful Benoît Battistelli is
Beware Team UPC's Biggest Two Lies About the Unitary Patent (UPC)

Claims that a Unified Patent Court (UPC) will commence next year are nothing but a fantasy of the Liar in Chief, Benoît Battistelli, who keeps telling lies to French media (some of which he passes EPO money to, just like he passes EPO money to his other employer)
Diversity at the EPO

Two decades of EPO with 16-17 years under the control of French Presidents (and nowadays predominantly French management in general with Inventor Award held in France almost half the time) is "diversity at the EPO"
Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

Orrin Hatch is the latest example of laws being up for sale, i.e. companies can 'buy' politicians to act as their 'couriers' and pass laws for them, including laws pertaining to patents
Links 17/6/2018: Linux 4.18 RC1 and Deepin 15.6 Released

Links for the day
To Keep the Patent System Alive and Going Practitioners Will Have to Accept Compromises on Scope Being Narrowed

35 U.S.C. § 101 still squashes a lot of software patents, reducing confidence in US patents; the only way to correct this is to reduce patent filings and file fewer lawsuits, judging their merit in advance based on precedents from higher courts
The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States