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

11.04.18

Team UPC’s Last Resort: Stacked Panels, Anonymously Belittling the Opposition (e.g. Ingve Björn Stjerna) and Taking Control of the Media

Posted in Deception, Europe, Patents at 4:22 am by Dr. Roy Schestowitz

Summary: With the UPC very unlikely to ever materialise (irrespective of Brexit and the constitutional challenge/complaint in the German Constitutional Court) the gloves come off and Team UPC poses as both sides of the debate, attacks the opposition anonymously, edits Wikipedia heavily, and even resorts to taking roles of ‘reporters’ to spread their message

THE EPO hasn’t been mentioning UP or UPC or UPCA much lately. There’s simply nothing to say really. Team UPC too has been very quiet. Bristows, for instance, has said nothing for a month and a half (it typically reuses a bunch of nonsense and as recently as a year ago it blogged about UPC several times per week). So is the UPC dead? Not yet, but it’s dying. Mischievous tricks are still being attempted.

“This whole session was likely set up by (directly or indirectly) Team UPC to only amplify Team UPC.”Last week we wrote (on Tuesday afternoon) about the Tuesday (morning) hearing regarding UPC. We showed that it was stacked (or had been systematically stuffed) by a group of Team UPC figures. As Benjamin Henrion put it: “UPC critics not invited to the debate in the UK, next time invite some…”

They won’t. This whole session was likely set up by (directly or indirectly) Team UPC to only amplify Team UPC. It’s not a consultation. They don’t care what scientists have to say, they just want litigation. Lots and lots of lawsuits…

When one’s bread and butter is taxing actual scientists the British Parliament needs to be sceptical. Whose interests are being served?

“Next time invite not only lobbyists seeking to destroy the UK using litigation (their business)” was my response to this official tweet about the session. “Tomorrow at 10.45am (GMT),” it said, “EU Committee discusses post-#Brexit #patentlaw and #UnifiedPatentCourt with Stephen Jones, President of @TheCIPA, and Kevin Mooney of @SimmonsLLP…”

Illusion of balance or ‘debate’.

Whatever they mean by “discusses” (in the above tweet); more like being lobbied. Here’s Team UPC promoting this session. Henrion says that “Wikipedia page on UPC has been hacked by the patent industry, no need to mention the critics. But at least one patent attorney admits “Now, in the future, the UPC will decide on the patentability of software patents” https://en.wikipedia.org/wiki/Talk:Unified_Patent_Court#Controversy_Section …”

“They’re like attack dogs and they don’t wish to be held accountable for what they say.”That’s more “software patents by corruption of EPO management and Team UPC (greed of the litigation ‘industry’ for legislative capture),” I responded to him. “It’s time for another legal action against the UPC,” he continued. “Stay tuned #upc software patents #undemocratic …” (we suppose that the constitutional challenge in the German Constitutional Court isn’t the last of its kind unless it suffices).

As we noted last month, Team UPC now uses cloaks of anonymity to discredit UPC critics. They’re like attack dogs and they don’t wish to be held accountable for what they say. A few days ago we noticed that the anonymous writer of Kluwer's UPC blog posts (maybe/usually Bristows) wrote about the latest from Ingve Björn Stjerna (promoted via Twitter). The fact that the pro-UPC Kluwer Patent Blog responded to it anonymously almost a fortnight later (after the paper from Ingve Björn Stjerna) may mean it took it a long time to come up with spin, slant, etc. Team UPC is a bunch of manipulative self-serving bullies who are a tremendous threat to science in Europe. They know it, but they don’t care; all they care about is money (legal bills). There was profound corruption all along, ranging from the political arena to the Office. This is what Kluwer wrote (anonymously, albeit obviously from someone who knows the UPC, hence a Team UPC actor):

The fact that the German Federal Constitutional Court (BVerfG) requested the Bundespräsident not to proceed with ratification of the Unified Patent Court Agreement indicates that the complaint against the UPCA will be admitted for a decision. This is one of the observations of Dr. Ingve Björn Stjerna, the Düsseldorf based IP specialist who is behind the constitutional complaint and who published an article about the case earlier this month.

[...]

More generally spoken, Stjerna has his doubts about the functioning of the BVerfG, whose composition is influenced by political agreements: ‘How independent will be the examination by judges, who are appointed under political considerations, in this legislative project, which was highly desired politically across party lines and passed with positive knowledge of all constitutional problems? Skepticism seems justified. Against the background described above, it would not come as a surprise if the BVerfG made its contribution to the political agenda and waved through the ratification of the UPCA – on time for the “Brexit” talks between the EU and the British government – by the end of November.’

It is surprising that Stjerna apparently thinks the constitutional complaint may be decided as soon as next month. This is contrary to the opinion of many other observers, who think a decision cannot be expected any time soon – and the chances for the Unitary Patent system to launch before the Brexit are zero.

His paper asserts that it’s suspicious Team UPC might already know something about the schedule/outcome; so now they respond to it by shameless projection. JUVE recently confirmed that a decision this year is extremely unlikely.

Regardless of the above, days ago we noticed that “Arty Rajendra Partner and Head of IP Disputes in the UK at Osborne Clarke legal practice” somehow became a journalist and published this article with the following part about UPC (echoing the famous lies):

The Unified Patent Court (UPC) is a new proposed court which will hear disputes related to opted-in European Patents and the newly created Unitary Patent. The current plan is that the UPC will only be open for participation by EU member states. It is still unknown whether the UK will be able to participate after Brexit. The notice considers the possibility that the UPC does not come into force at all, in which case, there are no steps to be taken on exit day.

This actually repeats only one of the two famous lies because it does not assert that UPC is inevitable. Either way, the trade of journalism is dead. Media companies nowadays let lawyers spread their self-serving lies under the guise of ‘analysis’. There’s not even an indirection (like the previous example that we mentioned last week, Law Gazette). The authors are the law firms themselves and it’s merely a marketing opportunity. It is disguised as objective news.

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

Leave a Comment

You must be logged in to post a comment.

What Else is New


  1. Science Minister Sam Gyimah and the EPO Are Eager to Attack Science by Bringing Patent Trolls to Europe/European Union and the United Kingdom

    Team UPC has managed to indoctrinate or hijack key positions, causing those whose job is to promote science to actually promote patent trolls and litigation (suppressing science rather than advancing it)



  2. USF Revisits EPO Abuses, Highlighting an Urgent Need for Action

    “Staff Representation Disciplinary Cases” — a message circulated at the end of last week — reveals the persistence of union-busting agenda and injustice at the EPO



  3. Links 14/11/2018: KDevelop 5.3, Omarine 5.3, Canonical Not for Sale

    Links for the day



  4. Second Day of EPOPIC: Yet More Promotion of Software Patents in Europe in Defiance of Courts, EPC, Parliament and Common Sense

    Using bogus interpretations of the EPC — ones that courts have repeatedly rejected — the EPO continues to grant bogus/fake/bunk patents on abstract ideas, then justifies that practice (when the audience comes from the litigation ‘industry’)



  5. Allegations That António Campinos 'Bought' His Presidency and is Still Paying for it

    Rumours persist that after Battistelli had rigged the election in favour of his compatriot nefarious things related to that were still visible



  6. WIPO Corruption and Coverup Mirror EPO Tactics

    Suppression of staff representatives and whistleblowers carries on at WIPO and the EPO; people who speak out about abuses are themselves being treated like abusers



  7. Links 13/11/2018: HPC Domination (Top 500 All GNU/Linux) and OpenStack News

    Links for the day



  8. The USPTO and EPO Pretend to Care About Patent Quality by Mingling With the Terms “Patent” and “Quality”

    The whole "patent quality" propaganda from EPO and USPTO management continues unabated; they strive to maintain the fiction that quality rather than money is their prime motivator



  9. Yannis Skulikaris Promotes Software Patents at EPOPIC, Defending the Questionable Practice Under António Campinos

    The reckless advocacy for abstract patents on mere algorithms from a new and less familiar face; the EPO is definitely eager to grant software patents and it explains to stakeholders how to do it



  10. The U.S. Chamber of Commerce is Working for Patent Trolls and Patent Maximalists

    The patent trolls' propagandists are joining forces and pushing for a patent system that is hostile to science, technology, and innovation in general (so as to enable a bunch of aggressive law firms to tax everybody)



  11. Team UPC, Fronting for Patent Trolls From the US, is Calling Facts “Resistance”

    The tactics of Team UPC have gotten so tastelessly bad and its motivation so shallow (extortion in Europe) that one begins to wonder why these people are willing to tarnish everything that's left of their reputation



  12. The Federal Circuit Bar Association (FCBA) Will Spread the Berkheimer Lie While Legal Certainty Associated With Patents Remains Low and Few Lawsuits Filed

    New figures regarding patent litigation in the United States (number of lawsuits) show a decrease by about a tenth in just one year; there's still no sign of software patents making any kind of return/rebound in the United States, contrary to lies told by the litigation 'industry' (those who profit from frivolous lawsuits/threats)



  13. Links 12/11/2018: Linux 4.20 RC2, Denuvo DRM Defeated Again

    Links for the day



  14. Automation of Searches Will Not Solve the Legitimacy Problem Caused by Patents Lust

    The false belief that better searches and so-called 'AI' can miraculously assess patents will simply drive/motivate bad decisions and already steers bad management towards patent maximalism (presumption of examination/validation where none actually exists)



  15. The Federal Circuit and PTAB Are Not Slowing Down; Patent Maximalists Claim It's 'Harassment' to Question a Patent's Validity

    There’s no sign of stopping when it comes to harassment of judges and courts; those who make a living from patent threats and litigation do anything conceivable to stop the ‘bloodbath’ of US patents which were never supposed to have been granted in the first place



  16. Patent Maximalists Will Latch Onto Return Mail v US Postal Service in an Effort to Weaken or Limit Post-Grant Reviews of US Patents

    An upcoming case, dealing with what governments can and cannot do with/to patents (specifically the US government and US patents), interests the litigation 'industry' because it loathes reviews of low-quality and/or controversial patents (these reviews discourage litigation or stop lawsuits early on in the cycle)



  17. Guest Post: EPO Spins Censorship of Staff Representation

    Another concrete example of Campinos' cynical story-telling



  18. Andrei Iancu and Laura Peter Are Two Proponents of Patent Trolls at the Top of the USPTO

    Patent offices do not seem to care about the law, about the courts, about judges and so on; all they care about is money (and litigation costs) and that’s a very major problem



  19. The Patent 'Industry' Wants Incitations and Feuds, Not Innovation and Collaboration

    The litigation giants and their drones keep insisting that they're interested in helping scientists; but sooner or later the real (productive) industry learns to kick them to the curb and work together instead of suing



  20. EPO 'Outsourcing' Rumours

    The EPO advertises jobs in Prague and Lisbon; this leads to speculations less than a year after António Campinos sent EU-IPO jobs to India (for cost reduction)



  21. Links 11/11/2018: Bison 3.2.1 and FreeBSD 12.0 Beta 4

    Links for the day



  22. Pro-Litigation Front Groups Like CIPA and Team UPC Control the EPO, Which Shamelessly Grants Software Patents

    With buzzwords and hype like "insurtech", "fintech", "blockchains" and "AI" the EPO (and to some degree the USPTO as well) looks to allow a very wide range of software patents; the sole goal is to grant millions of low-quality patents, creating unnecessary litigation in Europe



  23. Latest Loophole: To Get Software Patents From the EPO One Can Just Claim That They're 'on a Car'

    The EPO has a new 'study' (accompanied by an extensive media/PR campaign) that paints software as "SDV" if it runs on a car, celebrating growth of such software patents



  24. The Huge Cost of Wrongly-Granted European Patents, Recklessly Granted by the European Patent Office (EPO)

    It took 4 years for many thousands of people to have just one patent of Monsanto/Bayer revoked; what does that say about the impact of erroneous patent awards?



  25. Links 10/11/2018: Mesa 18.3 RC2, ‘Linux on DeX’ Beta and Windows Breaking Itself Again

    Links for the day



  26. Unified Patents Takes Aim at Velos Media SEPs, Passed From Patent Aggressor Qualcomm

    The latest endeavour from Unified Patents takes aim at notorious standard-essential patents (SEPs), which are not compatible with Free/Open Source software and are typically invalid as per 35 U.S.C. § 101 as well



  27. Stacked Panels of Front Groups Against PTAB and in Favour of Patents on Life/Nature

    So-called 'panels' where the opposition is occluded or excluded try to sell the impression that greatness comes from patent maximalism (overpatenting) rather than restriction based on merit and rational scope



  28. With Patent Trolls Like Finjan and Blackbird Tech out There, Microsoft in OIN Does Not Mean Safety

    With many patent trolls out there (Microsoft’s Intellectual Ventures alone has thousands of them) it’s not at all clear how Microsoft can honestly claim to have reached a “truce”; OIN deals with issues which last manifested/publicly revealed themselves a decade ago (Microsoft suing directly, not by proxy)



  29. Links 9/11/2018: Qt 5.12.0 Beta 4, Ubuntu On Samsung Galaxy Devices, Rust 1.30.1

    Links for the day



  30. Microsoft is Supporting Patent Trolls, Still. New Leadership at USPTO Gives Room for Concern.

    New statements from Microsoft's management (Andersen) serve to show that Microsoft hasn't really changed; it's just trying to sell "Azure IP Advantage", hoping that enough patent trolls with their dubious software patents will blackmail GNU/Linux users into adopting Azure for 'protection'


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