Summary: The Unitary Patent or Unified Patent Court (UPC) is still promoted by the cabal of law firms (litigation giants) we've dubbed "Team UPC" and now they're joined by a law school headed by a criminal

THERE'S a book chapter coming about the fall of the UPC -- something we might participate in (we've been invited to). It's rather revealing that the European Patent Office (EPO) hardly ever mentions the UPC anymore. As for António Campinos, we can't even recall the last time he spoke about it (maybe 2018). Sure, he's still promoting software patents in Europe, but the 'unitary' aspects of European Patents are never mentioned any longer.

"If judged from the optics of 200 euros per hour, several law firms have already invested millions of euros (each!) in this 'pet' project of theirs."Team UPC is another matter. Unlike the EPO, it spent a fortune (assuming time is money) trying to make it a reality. If judged from the optics of 200 euros per hour, several law firms have already invested millions of euros (each!) in this 'pet' project of theirs. It's almost understandable that they refuse to let go.

Yesterday we saw Rachel Montagnon (Herbert Smith Freehills) with another loaded and very misleading headline ("Ratification Of The UPC Agreement In Sight? German Constitutional Decision Likely Early In 2020"). We've stumbled upon a few more like these in the sites of law firms; no need to mention these as some of them are old (start of December). What they basically try to tell us is "UPC is coming!"

"The UPC has meanwhile come under scrutiny in more nations. It's illegal and unconstitutional. It's the outcome of lobbying and corruption."Well, haven't we all heard that before? Team UPC is very good at lying and paying fees to foist these lies onto politicians who don't know better. To quote Montagnon (what's outside the paywall anyway): "As those with an interest in patents will be aware, the Unified Patent Court is still not a reality. The final ratification of the Unified Patent Court Agreement ("UPCA") required for the agreement to come into effect, is that of Germany (over 13 states having ratified including the UK and France, which, along with Germany, were the three states which were required to have ratified along with at least ten months..."

The rest is behind a paywall, but there's another new piece from Montagnon and her colleagues.

Andrew Moir, Rachel Montagnon, Sebastian Moore, Alexandra Neri, Mark Shillito and Joel Smith (Herbert Smith Freehills) should know better. They are well aware that the UPC faces a lot more barriers than these which they mention (Brexit and FCC). The UPC has meanwhile come under scrutiny in more nations. It's illegal and unconstitutional. It's the outcome of lobbying and corruption. But here's what Herbert Smith Freehills tell us:

As those with an interest in patents will be aware, the Unified Patent Court is still not a reality. The final ratification of the Unified Patent Court Agreement ("UPCA") required for the agreement to come into effect, is that of Germany (over 13 states having ratified including the UK and France, which, along with Germany, were the three states which were required to have ratified along with at least ten more, before the UPCA could come into force – see here for ratification details). Without the UPC established to enforce them, unitary patents cannot be granted. Germany's ratification has yet to be received.

The outcome is still awaited of the constitutional case objecting to a ratification of the UPCA by Germany, which was listed to be decided in 2019. In a recent interview, Judge Huber of the German Federal Constitutional Court (which is the court due to decide the case) denied that the delay had anything to do with Brexit, rather that other important cases were also waiting to be decided and took precedence. He suggested that the case might be decided in the early part of 2020.

The German Federal Constitutional Court has since then distanced itself from these statements. It's not appropriate for a German Federal Constitutional Court judge (Justice) to be talking to a Team UPC pressure group. Nevertheless, what he said continues to be leveraged for propaganda purposes; Team UPC has already made up its mind and its blogs pretend that UPC is coming "REAL SOON NOW!" (not exact quote, but so implies/says the person whose career involved lying about the UPC for years).

"What a bunch of fakers and charlatans. The fact that JUVE participates in these campaigns says a lot about JUVE and its declining integrity."These people have been telling us for at least 13 years that UPC was just around the corner and now they tweet about it in Bristows, in Kluwer and in the UPC Digital Team, linking either to this Bristows piece from Dominic Adair (citing 'UPC HQ') or "Kluwer Patent blogger" (probably Bristows as well, albeit masked). Bristows says: "The Unified Patent Court (UPC) Preparatory Committee has published today a message from its Chairman, Alexander Ramsay. [...] Regarding IT work, the case management system is ready for the sunrise period (during which opt-outs may be registered) and now the focus will be on review and improvement of the UPC website."

But... there's no UPC. They already admitted to the media that they fake progress to keep the false impression of momentum. What does the original from Ramsay even say? What's the substance of it? Nothing. That JUVE propaganda with a misleading headline. To quote: "Now to the future. I recently gave an interview to Juve [https://www.juve-patent.com/news-and-stories/people-and-business/the-upc... about my forecast for 2020 and beyond. I will continue to work toward a solution and I know I have the best possible team to help me do that."

What a bunch of fakers and charlatans. The fact that JUVE participates in these campaigns says a lot about JUVE and its declining integrity.

As MaxDrei said in the comments yesterday:

People like to spout the line “Where there’s a will, there’s a way” as if it is the self-evident truth. But it isn’t. Recent history proves that. For politicians knowingly to lead the voters on, in such beliefs, is to betray them.

Examples? First, the notion of a friction-free, formalities-free land border between EU Member State Ireland and a non-EU Member State UK. That was flagged up by the experts, even before the UK referendum, as THE insoluble problem of BREXIT and, guess what, despite all the hot air and Johnsonian bluster, it is still just that. The only solution is to cleave NI off from the UK Union.

Second, the notion of an EPLA that includes a non-EU Member State, a UK with an ever-fiercer mindset, bent on breaking away from the EU so as to “take back control”. Is that the sort of thing they mean when they utter the words “No Brainer?” The country of my birth is more and more painful to observe.

Readers will surely be able to supply other examples.

We've meanwhile also noted that CEIPI is promoting the UPC. CEIPI is run by corrupt Battistelli, who belongs in prison, not in a law school. And he wants to be chief of UPC (which won't exist), or so said rumours repeatedly.

This is what CEIPI tweeted some days ago:

[SAVE THE DATE]

Enrolment is open for the 2020 edition of the #Training Program on the #UnifiedPatentCourt.

It will take place in Strasbourg on March 13-14 & April 17-18.

For a draft program, enrolment and further info see: https://bit.ly/2M2wdFU

EPO watchers have meanwhile also taken note of this news about a chairman getting jailed on union-busting charges. Battistelli should take note; we don't suppose he'll be facing a raid at CEIPI and arrested for these crimes and much worse crimes, which he committed at the EPO. It's rather amazing that such a thug and a criminal was permitted to run a law school. Moreover, he wants to manage courts? After all he has done to abuse and bully judges?

"The UPC will go down with the sunset, but we don't expect that to be the end of this saga. Some time later the sun will re-emerge from the other side, possibly with a new name and a new marketing strategy..."Quite frankly, it's pretty unthinkable that independent judges will permit the UPCA to carry on. Seeing what happened and continues to happen at the EPO, these judges should recommend that immunity be stripped and managers put on trial. It's well overdue (at least half a decade).

The UPC will go down with the sunset, but we don't expect that to be the end of this saga. Some time later the sun will re-emerge from the other side, possibly with a new name and a new marketing strategy (maybe they can call it "AMAZING PATENT SYSTEM" or "ULTIMATE PATENT COURT" or "INNOVATION FIRST COURT SYSTEM").

"With or without these amendments, there's still no indication that the UPC will resurface any time soon, especially after the election outcome we had in the UK last week. Notice how Team UPC isn't even talking about the ramifications, which are profound.""I think it's pretty clear they will reopen the negotiations," one person told us, "but I ask you to keep that secret for now because the patent community will try to say "just replace UK by Italy" and nothing more..."

Well, they've already been saying that for years, so what's the point keeping it a secret? It's not like it'll give them any ideas they haven't already had. "We need to get the CJEU back on the table with am6-8," the person said, "so that the last word over software patents is within the CJEU, and not within those captive patent courts."

With or without these amendments, there's still no indication that the UPC will resurface any time soon, especially after the election outcome we had in the UK last week. Notice how Team UPC isn't even talking about the ramifications, which are profound. ⬆