Bonum Certa Men Certa

The Patent Litigation Bubble is Imploding in the US While the UPC Dies in Europe

Scientists have the upper hand after all; the so-called 'litigation industry' loses grip

"The day that the software sector forms a clear front against software patents, as pharma does for a unitary patent system… will be the day our cause comes close to winning."

--Pieter Hintjens



Summary: The meta-industry which profits from feuds, disputes, threats and blackmail isn't doing too well; even in Europe, where it worked hard for a number of years to institute a horrible litigation system which favours global plaintiffs (patent trolls, opportunists and monopolists), these things are going up in flames

THOSE who make a living out of science and technology may sometimes pursue patents. Readers of ours, including workers of the European Patent Office (EPO), already know too well that we're not against patents, we're against software patents. Some people make a living out of litigation alone, notably lawyers and patent trolls. They're parasites that merely tax science and technology and it would be a shame if these parasites took over the patent system -- a subject we'll address in our next post.



In reality, however, the trend in the US is encouraging; litigation that involves patents -- typically software patents -- has nose-dived and patent maximalists' front groups hope for salvation, bringing up news from as far back as October. "ICYMI," (in case you missed it) they wrote this week, "Fmr. @USPTO Dir. Kappos and Judge Michel in @MorningConsult: #SupremeCourt decisions on #patent subject matter eligibility are undermining health care #innovation. https://morningconsult.com/opinions/supreme-court-patent-decisions-stifling-health-care-innovation/ …"

"In case you missed it," I've told them, "David Kappos is now a lobbyist. USPTO encourages this kind of corruption." (former officials becoming lobbyists)

Meanwhile, Dennis Crouch published for patent maximalists and then revealed just how patent maximalists react to the implosion of the patent litigation bubble in the United States Patent and Trademark Office (USPTO). "District Court Patent Litigation Way Down," says the headline, which is based on data from LexMachina. To quote: "There are several ways to measure the relative amount of patent litigation — but the easiest way is to look at new case filings. The chart below comes from LexMachina data and includes a forecast for the remainder of 2018. Note the continued slide in patent infringement complaints — down about 45% from 2013."

We took note of it earlier this year. It's pretty remarkable. It's also devastating to courts that gambled on attracting trolls.

Now, what about Europe? Data indicates that patent trolls are definitely on the rise in the EU, especially in Germany. This is exactly what Team UPC wants as many of the pertinent firms work for patent trolls, many of which aren't even European.

Yesterday we stumbled upon not one but several misleading news articles and blog posts. Here's a short roundup. "Guest contributor" (anonymous person who could just as well be a PR agent of the EPO) wrote this nonsense in a so-called 'news' site called "EU Reporter" (little but a marketing site). It's like an EPO press release (almost). Who's behind it?

Kluwer Patent blogger (probably Bristows) has meanwhile published "US Food Drug Administration will follow EMA and relocate in Amsterdam". This may sound like a post about EMA, but it then goes on (pivots) to the completely unrelated lies about the UPC. This is what it said yesterday:

Whether the Brexit will lead to a relocation of the central division of the Unified Patent Court (UPC), specialized in life sciences and envisaged for London, is still an open question. Supporters of the Unitary Patent system hope the UK can stay in the system and London can keep its court branch. There has been a lot of debate whether this is possible – and even more about the question whether the UP system is likely survive the Brexit and the German constitutional challenge.

At a conference earlier this week however, Attilio Fontana, governor of the Italian region of Lombardy, made clear that he thinks the London based branch of the UPC central division should be assigned to the city of Milan.

According to the Italian press agency Ansa he said that after losing the EMA to Amsterdam: “Milan and Lombardy are the best place for the location of the patent court. (…) we must not make the same mistakes as happened with the assignment of the EMA. (…) The seat has to be reviewed immediately after the Brexit, and a joint effort is required of the Lombard government, region and municipality. The conditions for the assignment, I believe, are all there.”

Since the Brexit referendum of June 2016, organisations and government officials in Italy have claimed several times (see this post, for instance) the London division of the UPC should go to Milan.


Notice how they pack the two famous lies (that UPC is about to start and the UK can join with it only being a question/matter of time). It would not at all surprise us if Bristows wrote the above, exploiting the EMA news to interject these lies (repetition).

We've just noticed similar talking points from Morrison & Foerster LLP's Alistair Maughan, Wolfgang Schoenig, Sana Ashcroft, Robert Grohmann and Jana Fuchs and this from Herbert Smith Freehills LLP's Sebastian Moore, Sara Balice and Martina Maffei. They published something titled "Italy Moves the Unitary Patent a Step Closer" to give the completely false illusion (delusion) that UPC is coming. Never mind if 'unitary' patents were never enshrined/granted and whether Italy can at all do anything when Germany refuses to ratify (Germany is far more important to this than Italy).

As it stands, there's no "agreement between the UK and EU27", only a proposed one that will likely get rejected anyway, but watch what "Cambridge Network" published yesterday. It let a bunch of litigation firms lie about the UPC e.g. "retaining the UK in the Unitary Patent Court" (retaining something which does not exist and will never exist?).

Here's the relevant part:

The document on the intended future economic relationship contains a single point on Intellectual Property: “Protection and enforcement of intellectual property rights beyond multilateral treaties to stimulate innovation, creativity and economic activity”. The meaning of this point is not clear, but could refer to retaining the UK in the Unitary Patent Court (‘enforcement beyond multilateral treaties’) and extending the reach of the EUIPO post-Brexit to the UK (‘protection beyond multilateral treaties’). This will be something to watch closely.


We understand that people who make a living from litigation want lots and lots of patent lawsuits. We totally get that. But at whose expense? Europe needs to find the balance between patents and innovation; overpatenting demonstrably harm innovation. UPC is all about overpatenting (so as to spur more lawsuits).

Recent Techrights' Posts

It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
 
The Register MS Has Just Published Fake Article That Mentions "AI" 23 Times. "Sponsored by Arm." It Does This Every Day.
A lot of the time we see this term everywhere in "the news" simply because slop pushers are paying for it
SQLite Under DDoS Attack by Slop Reports or Fake 'Bugs' (Just Like cURL and Many Other Projects)
Even Linus Torvalds is starting to talk about this
IBM: The B Turns From "Business" to "Bailouts" to "Buybacks" ("IBM is the Next Intel")
Trying to shore up the falling share price/stocks while veteran workers and Vice President (with high salaries) are cut off
Links 30/05/2026: More GAFAM (Amazon) Mass Layoffs, Peter Schiff Warns of Trillion-Dollar Slop Bubble Waiting to Implode
Links for the day
Slop is Plagiarism
Trillions of dollars down the drain, invested in a dud
Gemini Links 30/05/2026: Rehabilitation and Taming Emacs Cache and Temporary Files
Links for the day
Richard Stallman (RMS) Talks and Secure Transmission of Private Communications in Formats Everybody Can Access With Free Software
Maybe the FSF should step up a bit the campaign to use Free software to communicate with one another
General Consultative Committee (GCC) Discusses Working Conditions of Employees of the European Patent Office (EPO)
On the agenda: Salary Erosion Procedure, Breastfeeding Policy, New Amicale Framework, Public Holidays 2027
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026