Bonum Certa Men Certa

European Patents Are Eventually Being Revoked. But at Great Expense to Everyone Except Law Firms.

14 lawyers (yes, fourteen of them in just one patent case). How much is that per hour? For how many hours? Days? Weeks? Months? Patent maximalism sure suits legions of lawyers who are collectively paid thousands of dollars per hour to clean up the mess they create and lobby for.

EP2724461B1



Summary: European Patent EP2724461 is revoked; but the cost of this chaos, which included an invalid embargo, could well be measured in billions, not millions

DECLINE in European patent quality is not a myth. It's not subjective. There are suppressed findings from inside the European Patent Office (EPO) itself, ones that SUEPO spoke about. Is the EPO imitating the U.S. Patent and Trademark Office (USPTO)? Maybe China? The sure thing is, software patents are still being promoted by António Campinos in defiance of courts, of the EPC, of European authorities and even of common sense. 35 U.S.C. €§ 101 in the US greatly impacts (limits) patents on life, nature, and mathematics. Europe has similar limitations, but the EPO intentionally ignores these limitations, all in the name of litigation.



"Why are such patents even being granted in the first place?"Daniel Law's Gustavo Sartori Guimarães has just mentioned growing backlog in Brazil (with poor English). "One of the [complaints] about [the] Brazilian patent system has been the time it takes for [sic] obtaining patent protection [sic] or, in other words, the backlog," he said. He then cited the EPO, which just massively lowered quality of examination and granted loads of bogus/dubious patents. Hurrying up a process (PACE, PPH etc.) at the expense of precision yields truly dangerous results. But those who profit from litigation do not mind. They profit from this danger. A patent maximalism (and litigation) think tank Managing IP has just posted this timely reminder of it. Its headline says "Fintech patenting stokes litigation fears"; it keeps pushing this propaganda term, Fintech, for software patents. It's a Trojan horse for fake patents or their acceleration, notably in Singapore's IPOS (expedited examination of anything "Fintech"). Meanwhile, as recently as Friday, the EPO brought up "SDV" (a buzzword du jour). Computer vision, i.e. software, is at stake here. Any patents on computer vision would basically be patents on mathematics. This is what the EPO said (for the first time in about a month): "We had a look at the trends in European #patent applications for one of today’s emerging technologies: self-driving vehicles."

So they searched for some words and then, based on these words, classified a whole bunch of patents "SDV". How 'trendy'...

The same is being done with "AI", "blockchain", "4IR" and so on...

Why are such patents even being granted in the first place?

Barker Brettell LLP's Oliver Pooley and Toby Gosnall have just published this self-promotional 'article' titled "What is technical?"

The EPO is intentionally asking the wrong questions, e.g. "What is technical?" instead of "What is abstract?"

Sometimes they use the term "technical effect" or resort to using terms that make the abstract sound physical (e.g. "CII").

This problem isn't entirely new and it arguably predates even Battistelli. Over a decade ago a bunch of people including Florian Müller, Benjamin Henrion and Jan Wildeboer protested against it. We'll come to them in a moment.

Just before the weekend Müller visited the EPO. He used the visit to follow and report on a case of Apple, Intel, and Qualcomm. In Twitter he wrote [1, 2, 3, 4, 5]: "The EPO opposition chamber just denied a new ground of opposition. No opinion stated yet on how the panel views the other grounds. The written preliminary opinion of November 2018 was that the patent wasn’t invalid, yet said some questions (obviousness-related) to be discussed. [...] At EPO opposition hearing regarding EP2724461, #Qualcomm’s Munich fake injunction #patent. #Apple and #Intel still fighting against it. A total of 14 (!) lawyers here, including at least one $QCOM in-house counsel from the U.S. whom I also saw at the FTC trial in January. [...] Claim 1 of #Qualcomm‘s Munich fake injunction #patent EP2724461 is dead! EPO opposition panel decides: not inventive. $QCOM So #Apple and #Intel are on the winning track. QCOM will now try amended (narrowed) claims. [...] The EPO just rejected #Qualcomm‘s first amended version of its Munich fake injunction patent EP2724461. The #patent has now been formally revoked even taking into account $QCOM‘s amendments. Victory for #Apple and #Intel. QCOM can appeal to EPO TBA. [...] So #Qualcomm‘s week has been terrible. First that yuuuge San Jose ruling and today they lost a European patent that Apple and Intel challenged."

As is typical these days, he later turned these fast and loose tweets into a blog post, which said: [via]

On the legal front, this week was the worst ever for Qualcomm in its corporate history, due to the FTC's sweeping victory in the Northern District of California on Tuesday shortly before midnight Pacific Time. Today, Friday, Qualcomm suffered another defeat--less impactful than the other one, yet significant: a three-examiner panel of the Opposition Division of the European Patent Office (EPO) sided with Apple and Intel by revoking, as requested by those two Silicon Valley companies, European Patent EP2724461 on a low-voltage power-efficient envelope tracker, a patent that Qualcomm temporarily enforced to prevent Apple from selling the iPhone 7 and iPhone 8 (and the iPhone X, but Apple was no longer offering it anyway) in Germany, an attempt to put pressure on Apple for which Qualcomm had to make a $1.5 billion deposit.

Quite apparently, the recent Apple-Qualcomm settlement agreement, which resulted in the dismissal with prejudice of all infringement and antitrust/contract actions around the globe, did not and does not preclude Apple from continuing to challenge the validity of Qualcomm's EP'461 patent, which I just call the "Munich fake injunction patent" alluding to its enforcement history. (This is not the time and place to speculate on whether that agreement will have to be renegotiated; suffice it to say that a hedge fund manager with formal legal training said, as a guest speaker on a Susquehanna International Group conference call yesterday, that he couldn't find anything in the redacted version of the agreement that would suggest it couldn't possibly happen, and he explained why it's actually even hard to imagine that even the most creatively-crafted clause in the agreement could deprive Apple of whatever rights it might have as a beneficiary of the FTC case.)

On Tuesday, I was first to report and comment on Judge Lucy H. Koh's antitrust ruling; today I was the only third-party person in meeting room 128 of the EPO's main building in Munich. Qualcomm had dispatched a team of eight: four Quinn Emanuel lawyers (led by two partners: lead counsel Dr. Marcus Grosch and recently-named partner Jérôme Kommer), a German professor who served as their expert witness, and three Qualcomm employees from San Diego. Apple and Intel were represented by four patent attorneys from Samson & Partner (including the name partner himself, Dr. Wolfgang Lippich, Dr. Georg Jacoby, and Dr. Martin Vetter) as well as--in an advisory, non-pleading capacity today--Freshfields Bruckhaus Deringer partner Prince Wolrad of Waldeck and Pyrmont and principal associate Dr. Eva-Maria Herring, credited for numerous key court filings such as Apple's answers to several Qualcomm complaints.

Such a rock-star lineup on both sides--14 professionals in total--shows that today's hearing was hugely more important than one might have thought in light of the recent Apple-Qualcomm settlement as well as the Munich Higher Regional Court's decision to lift, pending the appeal (which was subsequently mooted by the settlement), the lower court's injunction because it came down for all the wrong reasons.

[...]

I also wish to thank the EPO's press office for their support, despite the fact that there were times when I was an enemy of the EPOnia state, though I have for several years now refrained from commenting on their internal matters. Today a highly competent and dedicated panel did some world-class work.


"I am still not allowed to enter the EPO premises in Munich after Pompidou put me on the blacklist back in 2004. I still see that as a badge of honour," Wildeboer replied to it. Wildeboer works for Red Hat now, so Müller responded with: "That's going to change soon as IBM is one of the EPO's biggest customers. They'll roll out a red carpet for all IBMers including you. For me it's a different situation. I stand by my past criticism of the EPO, never retracted a thing, but there really are some good people there."

Henrion said: "I want get mine [own ban] too! How do I proceed?"

"Techrights has been blocked in all parts of the EPO since 2014," I told them. "For merely talking about their internal affairs. EPO is unscientific and intolerant/resistant to truth."

Separately I said that the EPO meanwhile offers an award to Qualcomm for bogus software patents (invalid as per the EPC). Had EPO examiners been given enough time to research and study applications, this mess (as noted above) would rarely come about. What was the corporate and the societal cost of this wrong/false/erroneous embargo? Injustice isn't cheap, unless you're a lawyer (more time in court to bicker among one another).

Recent Techrights' Posts

Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
 
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026