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

02.10.18

Lawyer Fraud and the Unified Patent Court (UPC)

Posted in Deception, Europe, Fraud, Patents at 9:35 am by Dr. Roy Schestowitz

Advocates, barristers, solicitors, attorneys and lawyers are typically in it for the money (justice being a “nice to have”)

Solicitors

Summary: Ethical lapses in the profession which many wrongly assume to be law-abiding and further discussion about never-ending lies from Team UPC, which strives to undermine the law in order to profit from frivolous litigation

TWO years ago we were told about fraud at the EPO. We were told this by reliable sources (based on their track record), but nobody with access to evidential material is courageous enough to come out and leak it. Seeing how large publishers (corporate media) or “the press” mostly disregards/ignores EPO scandals, maybe it’s not perceived to be worth the risk.

“Seeing how large publishers (corporate media) or “the press” mostly disregards/ignores EPO scandals, maybe it’s not perceived to be worth the risk.”A few days ago, serving somewhat of a blow/shock to the so-called ‘IP’ industry, an ‘IP’ lawyer was sentenced for 7 years. It’s a fraud case. Articles about that, e.g. this one, do not name the person or simply use a paywall to hide it. The term ‘IP’ (patents, trademarks, copyrights, trade secrets etc.) is used extensively, so it’s hard to know if it relates to the USPTO (which does not deal with copyrights). The article says: “An IP lawyer with Big Law grooming now faces prison time after admitting to money laundering.”

We occasionally write about ethics in the patent world because we want to highlight, even to examiners, that there’s a lot of foul play. The other day David Hricik wrote about “Unethical Arbitration Clauses” (by which he refers to lawyer ethical rules). To quote:

This is a non-precedential Third Circuit decision, Smith v. Lindemann (3rd Cir. No. 16-3357 (Sept. 21, 2017), and it’s dicta, but it is worth noting because I have blogged about arbitration and awards that violate public policy, as set forth in lawyer ethical rules, before.

In this case, the client sought an order from the district court that her legal malpractice claim was not subject to arbitration because New Jersey prohibited agreements requiring arbitration of malpractice claims and, even if it were sometimes permitted, the client had to give informed consent.

Breach of duty, moreover, was noted just before the weekend in relation to another case:

Following a jury verdict of infringement and invalidity, the court granted in part defendant’s motion for judgment as a matter of law that plaintiff was equitably estopped from enforcing its anticoagulant patent.

Just to repeat (or put more emphasis on this), we are not suggesting that this whole occupation is scandalous and dishonest. Having said that, seeing the sorts of lies that come out from Team UPC we can’t help but feel like many lawyers are liars. That’s how they make money.

“Many people are led to believe that the job title “lawyer” implies adherence to the law; in practice, however, these people often use their skills to work around the law, to misrepresent the law, and engage in mischievous activity.”Case of point: CIPA et al (or Team UPC, UPC lobby or whatever one calls that cabal) is trying to mislead people like Sam Gyimah, conflating the EPO (or EPC) with UPC; the UK can remain in the EPO after Brexit (nothing new here), but not the UPC, as that introduces legal constructs that aren’t just unconstitutional and unconventional; why would a Britain outside the EU let British companies be subjected to court orders written in a language other than English in another country? There are many other issues.

Team UPC posted a link to outright delusional spin and lies from Bristows, basing on that some sort of insane vision which goes like this: “Start of UPC (ie, the PPA) in 2018 possible, but only if DE constitutional complaint declared inadmissible; certainly not if admitted for full trial (irresp. of whth Constitutional Ct refers to ECJ or not). If the latter, problem w approaching Brexit.”

“We don’t mind hurting the feelings of a few lawyers here and there if we merely name and shame a few of them (or some particular law firms).”First of all, it’s improbable that the complaint will be deemed inadmissible; we know enough about that and many parties approach by FCC did not even bother making a submission. Many inside Team UPC too have given up. And regardless of Germany, the UK cannot enter the UPC. It just cannot, short of mischief or violations of laws/constitution.

Many people are led to believe that the job title “lawyer” implies adherence to the law; in practice, however, these people often use their skills to work around the law, to misrepresent the law, and engage in mischievous activity. We don’t mind hurting the feelings of a few lawyers here and there if we merely name and shame a few of them (or some particular law firms). Not all lawyers are bad; far from that! But the presumption of innocence or honesty would be misplaced.

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. Saint-Germain's Poisonous Legacy of "Toxic Loans": The Emperor’s New Investment Guidelines

    Details about a secret vote to 'gamble' the EPO's budget on "a diversified portfolio managed by external experts"



  2. Saint-Germain's Poisonous Legacy of "Toxic Loans": Cautionary Tale for the EPO?

    Preface or background to a series of posts about Battistelli's French politics and why they can if not should alarm EPO workers



  3. Links 22/5/2018: Parrot 4.0, Spectre Number 4

    Links for the day



  4. Chamber of Commerce Lies About the United States Like It Lies About Other Countries for the Sole Purpose of Patent Maximalism

    When pressure groups that claim to be "US" actively bash and lie about the US one has to question their motivation; in the case of the Chamber of Commerce, it's just trying to perturb the law for the worse



  5. Links 21/5/2018: Linux 4.17 RC6, GIMP 2.10.2

    Links for the day



  6. The Attacks on the Patent Trial and Appeal Board (PTAB) Have Lost Momentum and the Patent Microcosm Begrudgingly Gives Up

    The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows



  7. Software Patenting and Successful Litigation a Very Difficult Task Under 35 U.S.C. § 101

    Using loads of misleading terms or buzzwords such as "AI" the patent microcosm continues its software patents pursuits; but that's mostly failing, especially when courts come to assess pertinent claims made in the patents



  8. António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

    Frenchmen at EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)



  9. In Apple v Samsung Patents That Should Never Have Been Granted May Result in a Billion Dollars in 'Damages'

    A roundup of news about Apple and its patent cases (especially Apple v Samsung), including Intel's role trying to intervene in Qualcomm v Apple



  10. Links 20/5/2018: KDevelop 5.2.2 and 5.2.3, FreeBSD 11.2 Beta 2

    Links for the day



  11. Aurélien Pétiaud's ILO Case (EPO Appeal) an Early Sign That ILO Protects Abusers and Power, Not Workers

    A famous EPO ‘disciplinary’ case is recalled; it’s another one of those EPO-leaning rulings from AT-ILO, which not only praises Battistelli amid very serious abuses but also lies on his behalf, leaving workers with no real access to justice but a mere illusion thereof



  12. LOT Network is a Wolf in Sheep's Clothing

    Another reminder that the "LOT" is a whole lot more than it claims to be and in effect a reinforcer of the status quo



  13. 'Nokification' in Hong Kong and China (PRC)

    Chinese firms that are struggling resort to patent litigation, in effect repeating the same misguided trajectories which became so notorious in Western nations because they act as a form of taxation, discouraging actual innovation



  14. CIPU is Amplifying Misleading Propaganda From the Chamber of Commerce

    Another lobbying event is set up to alarm lawmakers and officials, telling them that the US dropped from first to twelfth using some dodgy yardstick which favours patent extremists



  15. Patent Law Firms That Profit From Software Patent Applications and Lawsuits Still 'Pull a Berkheimer' to Attract Business in Vain

    The Alice-inspired (Supreme Court) 35 U.S.C. § 101 remains unchanged, but the patent microcosm endlessly mentions a months-old decision from a lower court (than the Supreme Court) to 'sell' the impression that everything is changing and software patents have just found their 'teeth' again



  16. A Year After TC Heartland the Patent Microcosm is Trying to 'Dilute' This Supreme Court's Decision or Work Around It

    IAM, Patent Docs, Managing IP and Patently-O want more litigation (especially somewhere like the Eastern District of Texas), so in an effort to twist TC Heartland they latch onto ZTE and BigCommerce cases



  17. Microsoft Attacks the Vulnerable Using Software Patents in Order to Maintain Fear and Give the Perception of Microsoft 'Safety'

    The latest patent lawsuits from Microsoft and its patent trolls (which it financially backs); these are aimed at feeble and vulnerable rivals of Microsoft



  18. Links 19/5/2018: Mesa 18.0.4 and Vim 8.1

    Links for the day



  19. Système Battistelli (ENArque) at the EPO is Inspired by Système Lamy in Saint-Germain-en Laye

    Has the political culture of Battistelli's hometown in France contaminated the governance of the EPO?



  20. In Australia the Productivity Commission Decides/Guides Patent Law

    IP Australia, the patent office of Australia, considers abolishing "innovation patents" but has not done so yet (pending consultation)



  21. Fishy Things Noticed Ahead of the Passage of a Lot of EPO Budget (Applicants' Money) to Battistelli's Other (and Simultaneous) Employer

    Observations and odd facts regarding the affairs of the council in St Germain; it certainly looks like Battistelli as deputy mayor and the mayor (Arnaud Péricard) are attempting to hide something



  22. Links 18/5/2018: AsteroidOS 1.0 Released, More Snyk/Black Duck FUD

    Links for the day



  23. Today's EPO Financially Rewards Abuses and Violations of the Law

    Battistelli shredded the European Patent Convention (EPC) to pieces and he is being rewarded for it, perpetuating a pattern of abuses (and much worse) being rewarded by the European Patent Organisation



  24. So-Called 'System Battistelli' is Destroying the EPO, Warn Insiders

    Low-quality patent grants by the EPO are a road to nowhere but a litigious climate in Europe and an unattractive EPO



  25. Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

    The UPC would turn Europe into some sort of litigation ‘super-state’ — one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse



  26. EPO's Battistelli Taking Days Off Work for Political 'Duties' (Parties) in His French Theatre Where He'll Bring Buckets of EPO Budget (EPO Stakeholders' Money)

    More tales from Saint-Germain-en-Laye...



  27. Links 16/5/2018: Cockpit 168, GCompris 0.91, DHCP Bug

    Links for the day



  28. The EPO's 'Inventor Award' Scam: Part III

    An addendum to the "inventor of the year" affair, namely the case of Remmal



  29. Apple and Microsoft Are Still Suing Companies -- Using Patents of Course -- Which 'Dare' Compete (by Leveraging GNU/Linux)

    The vanity of proprietary software giants — as the latest news serves to reveal — targeting companies with patent lawsuits, both directly and indirectly



  30. The Anti-PTAB (Patent Quality), Anti-§ 101 Lobby is Losing Its Mind and It Has Become Amusing to Observe

    The rants about the Patent Trial and Appeal Board (PTAB), the courts and even the law itself have reached laughable levels; this reveals that the real agenda of patent maximalists is endless litigation and their methods boil down to those of an angry mob, not legal professionals


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