Bonum Certa Men Certa

Germany Likes EPO in Munich, Litigation Factory in Düsseldorf and Mannheim (Like Eastern District of Texas)

EPO money diagram



Summary: The architectural design of Germany as Europe's patents capital, with billions of euros flowing into the pockets of German law firms, more so with a defunct and unjust Unitary Patent (UPC), which is unconstitutional

THE management of the European Patent Office (EPO) loves or at least tolerates/assists patent trolls. It never even mentions the word "trolls"; in other words, it denies the existence of such abuse/nuisance or simply doesn't view it as abuse/nuisance. António Campinos and Mr. Iancu might soon meet and have a laugh about the 'myth' of patent trolls, then proceed to discussing new buzzwords for software patents in Europe (e.g. "AI").



We are deeply concerned about the status quo, which Florian Müller is investigating and will report on quite soon. It's about Germany. His constitutional rights are so far being denied on the face of it. There's stonewalling.

In the US, unlike in Europe, patent trolls are viewed as a very big deal, not celebrated in so-called 'IP' blogs like IP Kat (yes, they actively express support for patent trolls, who are also their clients, albeit without disclosure). As we recently noted, the most vocal people in Team UPC are also working for patent trolls, even the biggest ones in the US.

Stopping trolls isn't easy. They cannot be (counter)sued because they don't have any products. The least and the best one can do is target (intercept) their patents. Some months ago Mr. Jain from Unified Patents mentioned Epic IP (IP Edge) and he has just referred to this patent troll as "an IP Edge subsidiary and well-known NPE." It looks like the inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB) is succeeding. To quote:

On November 16, 2018, Unified filed a petition for inter partes review (IPR) against U.S. Patent 6,434,599 owned and asserted by Epic IP, LLC, an IP Edge subsidiary and well-known NPE. The '599 patent, directed to a system and method for online chatting, has been asserted in district court litigation against Backblaze, Blue Jeans Network, AutoNation, Sharp Electronics, JAND, and Fareportal.


Going back to Europe, the appeal boards (like PTAB) have lost their independence and earlier today Müller published the first of what we expect to be a series of posts about patent trolls in Germany (and Europe as a whole). I had explained to him that the financial benefits of the EPO being based in Germany might be why the top German officials let the EPO abuses carry on, even according to SUEPO, the EPO's staff union.

He has just published "Call to action: Munich should remain a leading patent litigation venue in Europe" [via Twitter] and "while extorting businesses Europe-wide," I responsed, "even German businesses that actually make something [...] [Germany is] attracting lots of patent litigation to enrich German lawyers" (or those based in Germany, having come from another country like EPO staff did).

Here are some interesting statistics from Müller, who has been dealing with underlying data recently (top plaintiffs for example):

Roughly two thirds of all European patent infringement cases are brought in Germany. Unlike in the U.S., where patent cases can be filed with any district court in the country, only a limited number of German courts have in rem jurisdiction over such cases, and only three of them really matter: Düsseldorf (this venue gets most cases, but not in the smartphone industry), Mannheim (the primary smartphone venue, where some judges almost deserve an honorary doctorate in radio frequency electronics), and Munich, where I grew up though I'm westbound by now.

Munich has two regional courts. Munich I has in personam jurisdiction over cases involving actions or persons within the city border, and in rem jurisdiction over patent cases; Munich II serves the outskirts (and doesn't try patent cases).

[...]

While the government of the state of North Rhine-Westphalia, regardless of whether the state is run by conservatives in name only (as it is now) or by the self-declared political left (as it was before), recognizes patent infringement litigation as a regional economic development factor, the party that has been in government in the state of Bavaria for half a century (CSU) appears to be pretty clueless, which is irreconcilable with its "Laptop und Lederhose" (laptop and Oktoberfest-style leather pants) slogan. Instead of strengthening the "civil law chambers" ("Zivilkammern") that hear patent cases in Munich, the court's former chief judge even reduced staff size by one judge, which sounds like a minor difference but has huge practical implications whenever one of the three judges (and they need three to form a panel that can hear and adjudicate a case) is on vacation or ill.

That's why I'm asking those of you who have a professional interest in Munich remaining a major patent litigation venue, also with a view to the future Unified Patent Court (UPC), to help those provincial folks figure out the problem and, more positively speaking, the potential.

[...]

None of this is meant to criticize the work performed by the court's patent judges. It's all about what the state government should do in order to let those specialized judges do their work as efficiently as their peers in other major German patent litigation venues.


"Better call for action," I told him, would "reduce patent litigation by making patents more about information sharing, less about global tax that lawyers pocket billions from..."

Remember that the EPO came into being to advance science and technology, not to make "fat cat" lawyers (like IP Kat writers) even more "fat"; the UPC is a culmination of lawyers' greed and their goal is to bring litigation magnitude (number, value, reach) to unprecedented levels.

Recent Techrights' Posts

The Register MS gets Lazy, Uses Slop
Unlike 3-D renderings or "Classic" CG, slop images aren't quite original and definitely not fair use
Overly Maximalist, Expensive, Localised Patent Law is Dooming Western Companies, Argue 3-D Printing Champions
We've long warned (over 7 years already!) that China's approach to patents will impress WIPO by gaming the totals but will doom the West
Microsoft's Windows in Gabon: Still Moving Down
What is this Unknown? Who knows...
GNU/Linux is 486 in Ireland
4.86% that is
 
The Groklaw Web Site Has Been Hijacked by Scammers
Groklaw.net isn't a safe site to access at this time
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 18, 2025
IRC logs for Monday, August 18, 2025
Online Safety Act Does Not Tackle the Worst (and Biggest) Culprits
if our governments are serious about tackling online harms, then they need to look closely at GAFAM and social control media giants
Chat Control (1 and 2) in the European Union Sends the Wrong Message
This is an EU law
Slopwatch: Google News and Serial Sloppers (Fake Articles About "Linux")
Calling out the culprits
Gemini Links 19/08/2025: Digital Legacy and Chat Control
Links for the day
English Law Misused by Americans and Irishmen Against Brits is Unfair
There's always a way to improve existing laws
Links 18/08/2025: "Microsoft Store" Gets Increasingly Hostile, "Cracking Abandonware DRM"
Links for the day
Gemini Links 18/08/2025: Summer "Gone" and Web Reposts in Gemini
Links for the day
Links 18/08/2025: LLM Reputation Damaged, Australia Catches Google Foul Play
Links for the day
Geeks Like GNU/Linux
The technical community seems to be consolidating and rallying around GNU/Linux
End of Reliable Media
it makes the world a worse place, it renders the Web a misinformation machine
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 17, 2025
IRC logs for Sunday, August 17, 2025
GitHub Won't Last Much Longer
Many things at Microsoft are going to go the way of the Skype (or "dodo"). GitHub will be among those.
We've Never Used Large Language Model (LLM)
we just never used an LLM
"Secure Boot" is a Security Problem, Not a Solution
These people don't try to improve security but to undermine security
Gemini Links 18/08/2025: Retro and Endless Escape from the WWW
Links for the day
Working Whilst Away From Home
Decades ago being away meant all sorts of problems associated with workflows and connectivity
The Next Version of Windows Will Always be the Best (for Microsoft)
It's worse and slower over time
"End of the Smartphone Era" According to Jeffrey Epstein's Key Enabler
They call it "sour grapes"
Links 17/08/2025: Strike Downs Air Canada, Postmortems of Putin's Red Carpet Summit
Links for the day
Links 17/08/2025: Slow Tools and Enshittification of YouTube
Links for the day
Don't Talk to Bullies
This serious matter is still being examined by British authorities
Links 17/08/2025: "The Performance of Power" and "My Undesirable Friends"
Links for the day
Growing Our Reach
Our goal was never "hits"
The Russian Vision of Technology
Russia's surveillance is very extensive
Sooner or Later Almost Everyone Will Know "AI" is Just a Go-To, Misused, Misapplied, and Grossly Overused Term of Liars and Con Jobs Who Ride a Ponzi Scheme
At the expense of people gullible enough to "invest" in this or take salaries/bonuses in the form of "stock" (tied to a Ponzi scheme)
The Register MS Has Begun Using Slop Images
It's not clear when it started; but it's definitely getting worse [...] Worst of all are 'articles' about slop that are themselves slop
Reddit Funded by Microsoft
Reddit is merely a filter and we knows who controls that filter (using money)
When It Comes to Technology, Mozilla and Firefox Are Illiberal
Last month in Planet Debian we saw one more person explaining to everyone how to "turn off" DRM in Firefox and hide the pop-up/s
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 16, 2025
IRC logs for Saturday, August 16, 2025
The Open Source Initiative Has Many Scandals, We'll Try to Summarise Them All
Open Source Initiative (OSI) hates facts
Open Source Initiative (OSI), Wikipedia, Molly De Blanc, and Censorship/Reputation Laundering
OSI is like SPLC. The old name remains, the mission changed
Gemini Links 17/08/2025: Misunderstanding "Geminiverse" and Let's Encrypt
Links for the day
Links 17/08/2025: Breaches, Layoffs, and Scams
Links for the day