EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

08.16.19

IP Kat Pays the Price for Being a Megaphone of Team UPC

Posted in Deception, Europe, Patents at 11:58 pm by Dr. Roy Schestowitz

Some proponents of the Unified Patent Court (UPC) have taken a cloak of anonymity because they know they’re lying; they don’t want to take responsibility/face accountability for it.

UPC PR Kat

Summary: The typical or the usual suspects speak out about the so-called ‘prospects’ (with delusions of inevitability) of the Unified Patent Court Agreement, neglecting to account for their own longterm credibility

THE Campinos/Battistelli-led European Patent Office (EPO) no longer mentions the UPC. It’s hard to even recall the last time ‘unitary’ anything was mentioned by the EPO. Team UPC is another matter. These charlatans and frauds spent at least half a decade of their lives on this destructive legislation, wrongly assuming that in the name of “community” or “unity” or “EU” it’ll pass smoothly with whatever horrific clauses are contained in it (written by litigation firms and their lobbyists).

“These charlatans and frauds spent at least half a decade of their lives on this destructive legislation, wrongly assuming that in the name of “community” or “unity” or “EU” it’ll pass smoothly with whatever horrific clauses are contained in it (written by litigation firms and their lobbyists).”Years ago IP Kat was still quite credible and scholarly (with Jeremy as its editor, not just its founder); we’re sad to see what it has become, rotting like most media, turning to PR/marketing and lobbying. We know whose. Just check the writers’ professional affiliations. It’s rather gross. Might as well rebrand/rename to “Litigation Kat”.

“No rush for the UPC” responded to this recent post from IP Kat. He or she calls out this book and promotional puff piece for advancing Team UPC’s lies and the motivation for these lies:

The book might only become interesting should the UPC come into force, and nothing is less sure than this. With the present UK PM, one can have reasonable doubts that a reference to the CJEU will be tolerated after Brexit.

On the other hand, the RoP have not yet been adopted by the Commission. So the book appears a bit too early. On the other hand, the RoP contain procedures unknown in most Contracting States, like forced intervention. A decision of the UPC might be applicable to a third party not having taken part in the whole procedure! I doubt that this can be constitutional in a number of Contracting States.

The heavy reference to German decisions is not a surprise for those having witnessed the various mock trial conducted in different places.

One observation was that reliance on national traditions was very heavy, especially if the panel is composed with two judges of the same nationality. They can easily outvote the third judge, or ignore the technical judge, as the chairman has a casting vote.

The Court of Appeal of the UPC will have a lot of work and it is only after enough decisions of the Court of Appeal, that it will be possible to say that the UPC will be successful or not. Then a book might be justified, but not presently.

One could also consider that the book is a call to the German Constitutional Court to dismiss the objections of Mr Stjerna. One of the publishers of the present book has clearly taken position in this respect. Its interpretation of Opinion C 1/09 has also changed with time….

The German Constitutional Court does not even need to rule on it; UPC will die on its own. By the time there’s a decision it’ll no longer be relevant.

“Even if the German constitutional complaint against the Unified Patent Court Agreement is dismissed, the German government will not proceed with ratification of the UPCA until the consequences of the Brexit are entirely clear,” says Kluwer Patent Blog, whose latest UPC coverage is by “Kluwer Patent blogger” (anonymous), i.e. it is most likely by Bristows LLP again. They themselves said they're trying to give an illusion (i.e. lie) of UPC progress and here’s the latest:

Even if the German constitutional complaint against the Unified Patent Court Agreement is dismissed, the German government will not proceed with ratification of the UPCA until the consequences of the Brexit are entirely clear.

[...]

The Federal Constitutional Court in Germany is expected to decide about the Stjerna complaint later this year or possibly at the start of 2020, as is more likely according to a recent article of Fish & Richardson: ‘The Constitutional Court case is (…) now scheduled for decision in 2019, but that schedule is not binding. Announcement of the date for oral argument, perhaps within a few months from now, will be the best indication of the decision date, because it must be handed down within three months after the oral hearing. Given the August holidays, it seems most likely the decision will be in early 2020.’

The German parliamentary questions were aimed primarily at the costs of the UPC and Germany’s contribution to its funding. According to the letter of the Ministry of Justice, the most important contribution of Germany so far – 543 981 euro – went to the creation of the new IT system for the UPC, which has ‘almost been completed’.

Stjerna’s complaint is no longer the sole barrier then; outside the FCC (Federal Constitutional Court), even the government itself — i.e. a separate branch — speaks of Brexit. Whatever the outcome may be, software patents remain a big (and growing) problem in Europe because the EPO keeps granting them, even if European courts repeatedly reject these. The EPC too is being violated. That’s a subject we’ll deal with in our next couple of posts.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 18/9/2019: Fedora Linux 31 Beta, PCLinuxOS 2019.09 Update

    Links for the day



  2. Links 17/9/2019: CentOS 7.7 and Funtoo Linux 1.4 Released

    Links for the day



  3. EPO is Not European

    Internationalists and patent trolls are those who stand to benefit from the 'globalisation' of low-quality and law-breaking patents such as patents on algorithms, nature and life itself; the EPO isn't equipped to serve its original goals anymore



  4. The EPO's Central Staff Committee and SUEPO (Staff Union) Respond to “Fascist Bills” Supported by EPO President António Campinos

    Raw material pertaining to the latest Campinos "scandal"; what Campinos said, what the Central Staff Committee (CSC) said, and what SUEPO said



  5. Storm Brewing in the European Patent Office After a Hot Summer

    Things aren't rosy in EPOnia (to say the least); in fact, things have been getting a lot worse lately, but the public wouldn't know judging by what media tells the public (almost nothing)



  6. Why I Once Called for Richard Stallman to Step Down

    Guest post from the developer who recently authored "Getting Stallman Wrong Means Getting The 21st Century Wrong"



  7. As Richard Stallman Resigns Let's Consider Why GNU/Linux Without Stallman and Torvalds Would be a Victory to Microsoft

    Stallman has been ejected after a lot of intentionally misleading press coverage; this is a dark day for Software Freedom



  8. Links 16/9/2019: GNU Linux-libre 5.3, GNU World Order 13×38, Vista 10 Breaks Itself Again

    Links for the day



  9. Links 16/9/2019: Qt Quick on Vulkan, Metal, and Direct3D; BlackWeb 1.2 Reviewed

    Links for the day



  10. Richard Stallman's Controversial Views Are Nothing New and They Distract From Bill Gates' Vastly Worse Role

    It's easier to attack Richard Stallman (RMS) using politics (than using his views on software) and media focus on Stallman's personal views on sexuality bears some resemblance to the push against Linus Torvalds, which leans largely on the false perception that he is sexist, rude and intolerant



  11. Links 16/9/2019: Linux 5.3, EasyOS Releases, Media Backlash Against RMS

    Links for the day



  12. Openwashing Report on Open Networking Foundation (ONF): When Open Source Means Collaboration Among Giant Spying Companies

    Massive telecommunications oligopolies (telecoms) are being described as ethical and responsible by means of openwashing; they even have their own front groups for that obscene mischaracterisation and ONF is one of those



  13. 'Open Source' You Cannot Run Without Renting or 'Licensing' Windows From Microsoft

    When so-called ‘open source’ programs strictly require Vista 10 (or similar) to run, how open are they really and does that not redefine the nature of Open Source while betraying everything Free/libre software stands for?



  14. All About Control: Microsoft is Not Open Source But an Open Source Censor/Spy and GitHub/LinkedIn/Skype Are Its Proprietary Censorship/Surveillance Tools

    All the big companies which Microsoft bought in recent years are proprietary software and all of the company’s big products remain proprietary software; all that “Open Source” is to Microsoft is “something to control and censor“



  15. The Sad State of GNU/Linux News Sites

    The ‘media coup’ of corporate giants (that claim to be 'friends') means that history of GNU/Linux is being distorted and lied about; it also explains prevalent lies such as "Microsoft loves Linux" and denial of GNU/Free software



  16. EPO President Along With Bristows, Managing IP and Other Team UPC Boosters Are Lobbying for Software Patents in Clear and Direct Violation of the EPC

    A calm interpretation of the latest wave of lobbying from litigation professionals, i.e. people who profit when there are lots of patent disputes and even expensive lawsuits which may be totally frivolous (for example, based upon fake patents that aren't EPC-compliant)



  17. Links 15/9/2019: Radeon ROCm 2.7.2, KDE Frameworks 5.62.0, PineTime and Bison 3.4.2

    Links for the day



  18. Illegal/Invalid Patents (IPs) Have Become the 'Norm' in Europe

    Normalisation of invalid patents (granted by the EPO in defiance of the EPC) is a serious problem, but patent law firms continue to exploit that while this whole 'patent bubble' lasts (apparently the number of applications will continue to decrease because the perceived value of European Patents diminishes)



  19. Patent Maximalists, Orbiting the European Patent Office, Work to 'Globalise' a System of Monopolies on Everything

    Monopolies on just about everything are being granted in defiance of the EPC and there are those looking to make this violation ‘unitary’, even worldwide if not just EU-wide



  20. Unitary Patent (UPC) Promotion by Team Battistelli 'Metastasising' in Private Law Firms

    The EPO's Albert Keyack (Team Battistelli) is now in Team UPC as Vice President of Kilburn & Strode LLP; he already fills the media with lies about the UPC, as one can expect



  21. Microsoft Targets GNU/Linux Advocates With Phony Charm Offensives and Fake 'Love'

    The ways Microsoft depresses GNU/Linux advocacy and discourages enthusiasm for Software Freedom is not hard to see; it's worth considering and understanding some of these tactics (mostly assimilation-centric and love-themed), which can otherwise go unnoticed



  22. Proprietary Software Giants Tell Open Source 'Communities' That Proprietary Software Giants Are 'Friends'

    The openwashing services of the so-called 'Linux' Foundation are working; companies that are inherently against Open Source are being called "Open" and some people are willing to swallow this bait (so-called 'compromise' which is actually surrender to proprietary software regimes)



  23. Microsoft Pays the Linux Foundation for Academy Software Foundation, Which the Linux Foundation is Outsourcing to Microsoft

    Microsoft has just bought some more seats and more control over Free/Open Source software; all it had to do was shell out some 'slush funds'



  24. Links 14/9/2019: SUSE CaaS Platform, Huawei Laptops With GNU/Linux

    Links for the day



  25. Links 13/9/2019: Catfish 1.4.10, GNOME Firmware 3.34.0 Release

    Links for the day



  26. Links 12/9/2019: GNU/Linux at Huawei, GNOME 3.34 Released

    Links for the day



  27. Links 12/9/2019: Manjaro 18.1 and KaOS 2019.09 Releases

    Links for the day



  28. EPO: Give Us Low-Quality Patent Applications, Patent Trolls Have Use for Those

    What good is the EPC when the EPO feels free to ignore it and nobody holds the EPO accountable for it? At the moment we're living in a post-EPC Europe where the only thing that counts is co-called 'products' (i.e. quantity, not quality).



  29. Coverage for Sponsors: What the Linux Foundation Does is Indistinguishable From Marketing Agencies' Functions

    The marketing agency that controls the name "Linux" is hardly showing any interest in technology or in journalism; it's just buying media coverage for sponsors and this is what it boils down to for the most part (at great expense)



  30. Watch Out, Linus Torvalds: Microsoft Bought Tons of Git Repositories and Now It Goes After Linux

    Microsoft reminds us how E.E.E. tactics work; Microsoft is just hijacking its competition and misleading the market (claiming the competition to be its own, having "extended" it Microsoft's way with proprietary code)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts