Bonum Certa Men Certa

Unitary Patent (UPC/A) Constitutional Complaint Can be Decided in a Matter of Years (If Ever)

Bristows should be disbarred for endlessly lying, manipulating the processes and even worse things

A sleepy cat



Summary: Blogs like IP Kat are still beholden to and controlled by Team UPC/Bristows; the same goes for Kluwer Patent Blog because of the blog's ownership; when facts are assessed by firms other than Bristows, however, the story is entirely different

OUR regular readers can probably remember, as we mentioned it about a dozen times, that Bristows had intentionally spread false rumours at the later part of last year. Their staff did this repeatedly. It's a classic but nefariously lobbying tactic, akin to AstroTurfing or what people nowadays call "fake news".

Team UPC at IP Kat (Bristows) has just -- a mere couple of hours ago -- pushed agenda of patent trolls and FRAND and Brian Cordery (also Bristows) pushed SPC agenda at around the same time at Kluwer Patent Blog. It's all related, albeit indirectly, to their UPC agenda and in the former case to software patents in Europe.



Hours ago we also saw Mark Bell of Dehns (Team UPC) pushing UPC promotion in a paid 'article'. These 'unitary' patent fantasists have lost a grip/sight of reality, but at least this one is refuting Bristows by casting doubts on the decision's year, as did JUVE when it said no oral appeals had taken place and it may take long (2020). Bristows pushed this nonsense about 2019 in lots of Web sites; it was almost always Bristows (in other people's blogs or quoted in some news sites), but Bell says it's not even certain that a decision will come this year (see headline). To quote:

Once again, the German Federal Constitutional Court (BVerfG) has listed the "Constitutional Complaint" against German ratification of the Unified Patent Court Agreement (UPCA) on the cases to be decided for the coming year. Followers of this saga will be aware that the case was on the 2018 list but was not heard.

While it appears likely that the UPCA case will now be heard this year (the judge assigned to the case appears to be close to completing the earlier cases on his list), it is still uncertain whether and when this will lead to the UPC being established.

[...]

It is the UK government's position that it intends for the UK to stay part of the unitary patent system following Brexit. The official guidance omits to comment on what might happen should, as is looking likely, the UPC fail to be established before the UK leaves the EU.

What happens after Brexit is currently unknown, so it is difficult to say with any confidence whether the German constitutional challenge and the UK leaving the EU will prevent the UPC from being established, prevent the UK from participating in the UPC or everything will proceed as planned. The latter in particular would require a number of legal hurdles to be overcome.


The latest developments surrounding Brexit have only further reduced chances of UPC ever materialising, as we recently explained. It's probably safe to say that the UPC is dead unless there's some major mischief (again) in the making [1, 2]. Bristows is the boy who cried "wolf!" not thrice but literally hundreds of times (that we've noticed). Who would be foolish enough to take their word seriously and what's the threshold for getting disbarred/sanctioned? They give lawyers a really bad name. They're chronic liars.

Recent Techrights' Posts

FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
 
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025
Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025
Links 16/01/2025: Conflicts, Overpopulation, and Software Patents
Links for the day
[Meme] Lock-down With DRM Server/s (in a Nutshell)
Companies like Microsoft and Apple have a 'God complex'
Thank You, London! There Was No Way to Still Reliably Host Gemini From Home (on a Raspberry Pi 4) Due to Scale
The only regret we've long had is that we hadn't made the move earlier
The Summit of Future (Kerala, 2025): Dr. Richard Stallman (RMS) to Give Keynote Talk
promotional video was uploaded
Richard Stallman's Talk This Coming Monday (European 'Tour')
bunch of talks in Europe
Total Lock-down Ambitions - Part II - Down to the Very Core, Including the Hardware (CPU, GPU, Peripherals, and More)
instead of distinguishing themselves and antagonising these broadly reviled "antifeatures", both Canonical and IBM decided to join Microsoft in advocating lockdown
FSF, Guardian of the GNU Project, to Reach $400,000 in Winter Fundraiser Ahead of 40th Anniversary
The GNU Project Turns 42 later this year
Links 16/01/2025: "Meduza, IRL" and the Clock is Ticking on TikTok in the US
Links for the day
Gemini Links 16/01/2025: Yesterday's Gone, The Hour of the Dragon by Robert E Howard
Links for the day
Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
Links 16/01/2025: Scale and Scope of Microsoft Layoffs Revealed (Two Waves of Layoffs in 2025 Already)
Links for the day
Gemini Links 16/01/2025: Meta Has a Pixelfed Problem and Space Time Scoping
Links for the day
Anti-Linux 'Articles' in linuxsecurity.com (Guardian Digital, Inc) Are Composed by Bots, Probably Microsoft's
linuxsecurity.com has become a mindless stream of LLM slop
"New Year, New Career"
published a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 15, 2025
IRC logs for Wednesday, January 15, 2025