01.31.18

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The UPC/SEP/FRAND Lobby Has Resorted to Just Insulting the Opposition

Posted in Deception, Europe, Patents at 7:58 pm by Dr. Roy Schestowitz

Related: The SEP/Patent Trolls’ Lobby Insults the Victims, Calling Them “Free Riders”

Alex Robinson
He was talking about readers of Kluwer Patent Blog (because they don’t agree with him about UPC)

Summary: Team UPC proudly shuts opposing views out of the debate and then brags about it, in order for a legislation that benefits patent trolls to slide through like a Trojan horse, without resistance from the ‘wrong’ people (like scientists and technologists) or a ‘nuisance’ like facts, constitutions, laws and so on

THE distinguished lack of manners in EPO management extends to its loud supporters from Team UPC. There’s barely even room for a rational debate anymore. Here we see Team UPC, after it increased censorship (it promotes patent trolls’ agenda while blocking critics) saying: #NowWithReducedTrolling

“There’s barely even room for a rational debate anymore.”As if UPC critics are "trolls" and "idiots". This one particular individual is calling people whom he doesn’t agree with (because they threaten his financial interests as well as patent trolls’) “trolls”. The irony…

A fellow Team UPCer, Brian Cordery from Bristows, wrote this misleading blog post earlier this week while making these extraordinary claims about UPC: “UK is expected to be ready in February (see here) and the German parliament has passed a draft law (see here) with promulgation on hold due to the case pending in the German Federal Constitutional Court.”

“It’s worth noting that Team UPC is also pushing SEP/FRAND (there’s a correlation there, especially among the motivations of their large clients).”Team UPC has basically just lied (yet again) about the situation/process in both Britain and Germany. Cordery makes the UPC sound so inevitable. So he is either deluded or intentionally lying (neither is particularly flattering a possibility). Team UPC has become like a demented person; no matter how many times you remind them of something obvious (facts), they ‘forget’ it, resort to their “alternative facts”, then claim innocence. It’s pretty worrying to think that these people provide professional legal advice to firms and people, and charge for it at extortionate rates.

It’s worth noting that Team UPC is also pushing SEP/FRAND (there’s a correlation there, especially among the motivations of their large clients). Managing IP, which pushes hard for the UPC, as recently as days ago amplified the notorious SEP/FRAND lobby (basically a hefty patent tax that helps exclude from the market small/new companies). It first wrote about SEP in Europe (authored by Battistelli’s old friend James Nurton, who quotes the patent microcosm and not actual technologies impacted by SEP). From the outline:

Both patent owners and implementers have welcomed the European Commission’s communication on standard essential patents. Does that mean it has successfully balanced competing interests or merely dodged the difficult questions? James Nurton investigates

A second article about SEP is centered around Ericsson’s troll (called Unwired Planet):

The fourth US bench trial to determine a FRAND royalty is the first to use a top-down approach, and has parallels to the UK’s Unwired Planet decision. Managing IP also reports on a possible change in the Department of Justice’s approach to SEPS and analyses Huawei’s win over Samsung in China

We are sadly seeing coverage about these matters (FRAND, SEP, UPC) mostly coming from people who stand to profit from these. They’re not journalists but lawyers and/or their front groups. Watch what IAM has just said: “It’s not just wicked foreigners that undermine US IP. Someone should tell the president that American patent owners are likely to have more success enforcing their rights in countries like Germany and China than they are at home. twitter.com/commercegov/st… [] China’s a big market for Apple. Talk of IP trade wars may make them a touch nervous down Cupertino way! Chinese mobile companies, on the other hand, have only a tiny footfall in the US. twitter.com/iam_magazine/s… [] Top 10 smartphone sellers in China for 2017: 1. Huawei (102 million) 2. Oppo (78) 3. Vivo (72) 4. Apple (51) 5. Xiaomi (51) 6. Meizu (17) 7. Gionee (15) 8. Samsung (12) 9. Lephone (5) 10. Lenovo (2) Source: GfK chinadaily.com.cn/a/201801/31/WS…”

“Those who don’t agree with them are being framed as some sort of a “foreign plot” and there’s nothing they won’t do to demonise voices of reason…”This was said in a slightly different context than SEP, but the message is the same. Those who don’t agree with them are being framed as some sort of a “foreign plot” and there’s nothing they won’t do to demonise voices of reason (they’ve already attempted to call me a Russian stooge).

Be careful of Team UPC; they rarely if ever argue from reason, they just argue for money (theirs).

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