Bonum Certa Men Certa

Supreme Court of the UK, Which Habitually Throws Out European Patents, May Overturn Troublesome Unwired Planet v Huawei Decision

Bad news for patent trolls and their legal representatives (the likes of Bristows/Team UPC)

A jungle
"But they're GREEN monopolies! They're GREEN!!!"



Summary: A lot of European Patents are facing growing scrutiny from courts (Team UPC, including Bristows, publicly complains about it this month) and "greenwashing" of the Office won't be enough to paint/frame these patents as "ethical"

HAVING just covered the German Federal patent court's take on SPCs, weakening/limiting the breadth of some European Patents, let's also consider the fact that Mayo may cause the USPTO to reject similar patents in the US (patents on food). Today's EPO, under the leadership of António Campinos, is arguably more lenient than the USPTO. Some people from Team UPC have said that software patents are now easier to get in Europe than in the United States (where such patents originally came from, due to the Federal Circuit's decision/stance about half a century back). Owing to 35 U.S.C. €§ 101/Alice (US Supreme Court), software patents are pretty much worthless in American courts nowadays; the same goes for patents on nature, owing for the most part to Mayo (there's also Myriad). Weeks ago we saw the UK Supreme Court (highest British court) knocking down a European Patent on natural compounds (where the supposed innovation was a recipe).



Are we indeed seeing the Alpine avalanche of European Patents? Is it the beginning of the collapse? The rumbling of snow? Sooner or later it will come down and it will cover everything in its path.

Yesterday we caught this important new blog post from Florian, who we knew back then would be followed by a lot of 'press' coverage (authored and published by law firms, not actual journalists, i.e. the usual). It's about the most infamous patent troll of Ericsson, whose legal wars in London posed a great threat to British software companies. The name of this troll keeps changing -- pretty normal practice among trolls looking to dodge the negative past publicity. It's currently known as "Unwired Planet" and we included articles about this latest development in yesterday's (afternoon) daily links alongside this coverage by Rose Hughes for Richard Vary (Bird & Bird, Team UPC, FRAND zealots). We prefer not to link to it (published 35 minutes after Florian's blog post) because that tends to promote lies of the FRAND lobby. This blog typically pushes such coverage (on this case and this topic in general) from "AmeriKat" (Bristows), but this time it's their 'sibling' Bird & Bird. Expect Bristows to say much more (and complain) in blogs such as IP Kat and Kluwer Patent Blog in the coming days. To quote Bird & Bird: "As discussed on IPKat here, the Court of Appeal decisions in Unwired Planet and Conversant were significant. The Court found that the English courts have jurisdiction in considering and determining the terms of a global FRAND licence. The courts could not force Huawei to enter into a global licence. However, the court could prevent Huawei from using the technology to which the SEPs relate, unless they entered into a global licence."

It would not at all surprise us if these patent trolls are Bird & Bird clients (without disclosure), i.e. they represent these parasitic, villainous trolls. The case in question relates to a patent troll of Microsoft, albeit indirectly. This troll is currently called "Conversant" (formerly MOSAID) and maybe it will rename again in the future. Their names are a dime a dozen and they don't have any real operations. They don't need a brand; they sell nothing.

The above case may serve to overturn a dangerous decision that threatens Free/libre software among many other things (including fair competition). When shifting to courts outside the UK, as they sometimes do, trolls want decisions that are more favourable to them (e.g. in Eastern Texas and its German equivalents). Thankfully, the UPC(A) seems to be permanently dead. More dead than ever. We're past Easter now and there's no sign of progress. Seeing the judges' persistent 'exile' in Haar, the FCC in Germany won't be impressed. The EPO cannot be trusted with anything. "The Convention watchdog" left this comment some days ago and hours ago it was belatedly (almost a week late) approved. It says:

As to geography:

To make it quite clear, the Landkreis München is not a broader area than the City of Munich but a different area. It comprises municipalities outside Munich but not Munich itself.

In this respect, the referring decision addresses an interesting point at Reasons, pt. 3.3. The Headquarters Agreement between the European Patent Organisation and Germany, concluded implementing Art. 25 of the Protocol on Privileges and Immunities, contains in its Articles 11 and 12 provisions on the premises of the Organisation in Munich and of the Berlin sub-office. The Berlin sub-office has its legal basis in Section I, Article 3 a) of the Protocol on Centralisation which is part of the Convention pursuant to Art. 164 (1) EPC. The case of Rijswijk is governed by the corresponding Agreement with the Netherlands, defining in its Article 1: "branch" means the branch of the European Patent Office at The Hague (Rijswijk), in order to make clear that the existing premises of the IIB are covered by the Agreement and the Protocol on Privileges and Immunities. In any case this shows that the legal situation for Berlin and Rijswijk is different from the situation for Haar. The competence in Article 7 EPC to create further sub-offices does not cover sub-offices for the departments of the EPO entrusted with procedural functions under the Convention.


Another person then wrote: "Why does the possible interpretation of "Munich" as "Landkreis München" have to be *exclusive* of the City of Munich? Would it not also be in keeping with the Vienna Convention to interpret "Munich" in Art. 6 EPC as meaning "a location within either of the City of Munich and Landkreis München"?"

Imagine what would happen if all patent cases were decided by the same system that kicked out these judges to Haar, probably in direct violation of the EPC. As an act of retaliation (or scare tactics) from Office management...

Today's EPO lacks legitimacy and Campinos has done absolutely nothing to change that. It's like "greenwashing" of the Office, a man with a smile who stabs you as soon as you turn around.

Speaking of greenwash, there's this new article about the EPO's PATSTAT. It's about patent monopolies on "sustainable innovation", i.e. things you are not allowed to do in order to combat climate issues. Here they go again with epic greenwash:

Green Tech DB uses patents in order to provide a database that offers a comprehensive overview of the developments of Green Technologies worldwide.

Researches use the PATSTAT 2016a database as their patent source; which is produced by the European Patent Office (EPO). “The main advantage of using PATSTAT, a database produced by the European Patent Office, is to have information about patent applications that covers more than 80 different countries. As a patent is a legal object, information available in different patent databases is similar, what differs is the coverage across time and countries, and PATSTAT has one of the best coverage.”


The EPO's database of patents used to be a source of envy, but nowadays it is polluted by loads of bogus patents which would cost a fortune to invalidate.

Recent Techrights' Posts

Richard Stallman is Usually Right Because He Thinks "Outside the Box"
he is able to observe society (mores and norms) as somewhat of an outsider
The Week to Come
Planning ahead
LLM Slop Has Only Been a Boon for Misinformation Online
The very same companies that were supposed to maintain quality (again, not limited to Google with PageRank) are now actively participating in generating and spreading slop
When They Tell You It's Free, Does That Mean No Charges (If So, Who's Paying and Why)?
there's "no free lunch"
 
Nonfree Software in My Bank, by Richard Stallman
Updated 8 hours ago
Links 28/07/2025: Science, Health, and Conflicts
Links for the day
Gemini Links 28/07/2025: Healthy Self-Image With Autism and a "New Life"
Links for the day
Links 28/07/2025: COVID-19 Sped up Brain Aging, "Circumvention is More Popular Than Compliance"
Links for the day
LWN Has Been Down for a Long Time, Another Casualty of LLM Bots?
Time will tell. How much time though?
Slopfarms Versus 'Linux' (and Against People Who Write Real Articles About GNU/Linux)
LLM slop in slopfarms by Brian Fagioli and Redazione RHC
Gemini Links 28/07/2025: Bila Yarrudhanggalangdhuray and Running pkgsrc in a FreeBSD Jail
Links for the day
Microsoft Turns News Sites Into Spamfarms
Is the site The Register MS the next IDG?
The Register MS/The Register US
On Saturday I contacted them for a comment (before issuing criticism)
Hacking revelations at Vatican Jubilee of Digital Missionaries
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 27, 2025
IRC logs for Sunday, July 27, 2025
We're Going to Focus Less on the Molotov Cocktail-Throwing Microsofters and More on Patents
We can get back to focusing on what we wanted to focus on all along
Just Trying to Keep Web Sites Honest (Journalistic Integrity)
the latest articles in LinuxIac are real
Links 27/07/2025: Political Affairs, Data Breaches, Attacks on Freedom of the Press
Links for the day
Gemini Links 27/07/2025: Hot in Japan and Terminal Escape Codes
Links for the day
Links 27/07/2025: More Microsoft Layoffs Coming, Science and Hardware News
Links for the day
Links 27/07/2025: FSF Hackathon and "Hulk Hogan Was a Very Bad Man"
Links for the day
Gemini Links 27/07/2025: DAW Mixer Chains and Simple Software
Links for the day
The Register MS is Inventing or Giving Air Time to New Conspiracy Theories so as to Distort the Narrative As High-Profile Agencies Fall Prey to Microsoft Holes
But the problem is holes, i.e. Microsoft making bad products; the problem is Microsoft
Most Editors at The Register Are American, Including the Editor in Chief, a Decade-Long Microsoft Stenographer (Writing Prose to Sell Microsoft)
It's not easy to tell where the site is based (we tried) because it's hiding behind ClownFlare and CrimeFlare hasn't been well lately
Pushers of systemd Rewrite History (Richard Stallman Said UNIX "Was Portable and Seemed Fairly Clean")
Unlike systemd
"New Techrights" Soon Turns 2 (A Few Days Before the FSF Turns 40)
We have a lot more to say about LLM bots
When Silence Says So Much
Garrett, a 'secure' boot pusher, will need to defend himself in the UK High Court
The Register in Trouble
There is not much that can be done at this point
Trajectory of The Register: From News Site/s Into "B2B"... and Into Microsoft Salespeople
Something isn't right at The Register
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 26, 2025
IRC logs for Saturday, July 26, 2025
Misinformation in Social Control Media
Social control media passes around all sorts of tropes
Slopwatch: Fake Linux 'Articles' and Slopfarms With "Linux" in Their Names/Domains
throwing bots at "Linux" to make some fake articles
Links 26/07/2025: Amazon Shutdown in China, Russian Economy Slows
Links for the day
Gemini Links 26/07/2025: History of Time (1988) and Gemini Games
Links for the day
Links 26/07/2025: 50 Percent Tariffs in Amazon, Dying Intel Offloads Network and Edge Group (NEX)
Links for the day
Doing My Share to Tackle Online Slop and SPAM
Trying my best to 'fix' the Web
Blaming Programming Languages for Users' and Developers' Bad Practices
That's like blaming cars for drivers who crash into things
Slopwatch: Fakes, FUD, Duplicates, and Charlatans Galore
The Web as we once know it is collapsing. Some opportunists try to replace it with low-quality slop.
The Register UK Seems to Have Become American and Management is Changing (Microsofter as Editor in Chief)
The Register 'UK' is now controlled by the Directions on Microsoft guy
Many People Still Read Techrights Because It Says the Truth, Produces Evidence, and Does Not Self-Censor
Unlike so many other sites
The Register is Desperate for Money, According to The Register
I decided to check how they're doing as a business
Microsoft Finally Finds a Use Case for Slop?
Create low-quality chaff to shift the media's attention?
Microsoft Windows Lost 400 Million Users in a Few Years, Why Does The Register Double Down on Windows With New US Editor?
days ago they hired a new US editor
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 25, 2025
IRC logs for Friday, July 25, 2025
For Libel Reform One Must First Bring (or Raise) Awareness to the Issues and Their Magnitude
I myself know, from personal experience
Links 26/07/2025: Rationed Meals in the US and TikTok Repels Investments (Too Toxic)
Links for the day
Gemini Links 26/07/2025: "Bloody Google" and New People in Geminispace
Links for the day
Response to Solderpunk (Father of Gemini Protocol) About the Gemini Community
Solderpunk responds to non-sequitur
HTML and the Web Used to be Something a Child Could Learn, "Modern" Web is a Puzzle of Frameworks, Bloat, and Worse
When the Web was more like Gemini Protocol