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

Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
 
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026