12.25.19

Gemini version available ♊︎

D Young & Co LLP Spreading Team UPC Talking Points

Posted in Deception, Europe, Patents at 8:00 am by Dr. Roy Schestowitz

Talking among themselves, lying to reinforce illusions

Talking sheep

Summary: Law firms just cannot get themselves to openly admit that the fate of the Unified Patent Court (UPC) is very grim; instead they mislead potential clients and discredit themselves (to save face in the short term)

THE previous post mentioned some of the latest patent maximalism of D Young & Co LLP, whose staff published and promoted loads of stuff the day before Christmas Eve. A couple of articles that caught our attention didn’t sweeten the holiday because it was a pile or ‘document dump’ of nonsense. Promoted in Lexology was this article which is a load of lies — the famous two lies — from Team UPC boosters of D Young & Co LLP, or Rachel Bateman in this case. It fabricates ‘facts’ to make it seem like UPC has actual progress. It’s only them who perpetuate this lie about the UPC, but it’s as dead as last year. To quote some bits:

After months of silence on the Unified Patent Court (UPC) and unitary patent (UP), we have seen some interesting news and developments in recent weeks.

[...]

More likely is that the UK will leave the EU, and there will then need to be a decision on whether the UPC and UP can come into effect when/if Germany ratifies. The European Parliament analysis explains how the UPCA will need to be amended (and approved by all parties) to remove the mention of one of the UPC Central Divisions being in London, but if the UK voluntarily withdraws from the agreement, it could be possible for the UPC and UP to come into effect because the three remaining member states with the highest number of patents (France, Germany, and The Netherlands) would have ratified.

A lot of this seems to be based on some interview with a person whose job is — by his own admission — promoting the fiction of progress. And then there’s this: “The second development relates to the German constitutional challenge. On 20 November 2019, the judge overseeing this challenge denied any rumours that the court has been delaying the decision until the outcome of Brexit is clear. The judge also confirmed that he intends to decide the case in the first quarter of 2020. Given that Brexit is currently scheduled for the end of January 2020, the start of 2020 should be an interesting one for those awaiting more information on the UPC and UP.”

Well, other judges (or Justices) have not spoken about it and the court itself sought to distance itself from that statement [1, 2, 3]. If anything, UPC ‘success’ probability only decreased this year because of the British election. They don’t fancy talking about that, do they?

Bateman’s colleague, D Young & Co LLP’s Laura Jennings, has meanwhile added to this misinformation in Lexology and her original. The last paragraph here rehashes old lies from Team UPC or is basically lobbying based upon lies. The UPC is dead, but watch what she says:

If the Unified Patent Court (UPC) comes into force, it will hear cases relating to European patents and SPCs, and unitary patents (UPs). In the event that the UPC comes into force and the UK needs to withdraw from the UPC and the unitary patent, UK and EU businesses will be able to use the UPC and unitary patents to protect inventions in the EU. Accordingly, UK businesses will also be open to litigation within the UPC based on their actions in the EU. However, UK and EU businesses would not be able to use the UPC and unitary patents to protect inventions in the UK. Instead, they must use national rights obtained via the UKIPO or the EPO.

That’s complete and utter nonsense. If the UK leaves the EU, then that dooms the UPC in any form. It’s really that simple and working to ‘ameliorate’ or reduce the damage means directly and probably consciously lying. Well, these people are lawyers, not judges, rights? Their job is to serve clients, not justice.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Microsoft Thought Police

    Reprinted with permission from Ryan



  2. Links 08/02/2023: GNOME Smoother Scrolling of Text Views

    Links for the day



  3. Links 08/02/2023: Transmission 4.0.0 Released and Mass Layoffs at Zoom

    Links for the day



  4. IRC Proceedings: Tuesday, February 07, 2023

    IRC logs for Tuesday, February 07, 2023



  5. When the Pension Vanishes

    Today we commenced a multi-part mini-series about pensions and what happens when they suddenly vanish and nobody is willing to explain where all the money went



  6. Sirius 'Open Source' Pensiongate: An Introduction

    The Sirius ‘Open Source’ series continues in the form of a mini-series about pensions; it’s part of an ongoing investigation of a deep mystery that impacts people who left the company quite a long time ago and some of the lessons herein are applicable to any worker with a pension (at times of financial uncertainties)



  7. Links 07/02/2023: Endless OS 5.0 and Voice.AI GPL Violations

    Links for the day



  8. No Doubt Microsoft Unleashed Another 'Tay', Spreading Bigotry Under the Guise of Hey Hi (AI)

    Reprinted with permission from Ryan



  9. Links 07/02/2023: Fedora 39 Development Plans Outlines

    Links for the day



  10. IRC Proceedings: Monday, February 06, 2023

    IRC logs for Monday, February 06, 2023



  11. Links 06/02/2023: Escuelas Linux 8.0 and Many Political Issues

    Links for the day



  12. Links 06/02/2023: Sparky 6.6 and IPFire 2.27 – Core Update 173

    Links for the day



  13. Taking Back Control or Seizing Autonomy Over the News Cycle (Informing People, Culling the Marketing)





  14. Reality Versus Fiction: EPO Insiders Versus EPO Web Site and UPC 'Churnalists'

    The "official" sources of the European Patent Office (EPO), as well as the sedated "media" that the EPO is bribing for further bias, cannot tell the truth about this very large institution; for proper examination of Europe's largest patent office one must pursue the interpretation by longtime veterans and insiders, who are increasingly upset and abused (they're being pressured to grant patents in violation of the charter of the EPO)



  15. Links 06/02/2023: Linux 6.2 RC7 and Fatal Earthquake

    Links for the day



  16. IRC Proceedings: Sunday, February 05, 2023

    IRC logs for Sunday, February 05, 2023



  17. Links 05/02/2023: Wayland in Bookworm and xvidtune 1.0.4

    Links for the day



  18. Links 05/02/2023: Pakistan Blocks Wikipedia, Musharraf Dies

    Links for the day



  19. IRC Proceedings: Saturday, February 04, 2023

    IRC logs for Saturday, February 04, 2023



  20. Links 04/02/2023: FOSDEM Happening and Ken Thompson in SoCal Linux Expo

    Links for the day



  21. 2023 is the Year Taxpayers' Money Goes to War and Energy Subsidies, Not Tech

    Now that a lot of powerful and omnipresent ‘tech’ (spying and policing) companies are rotting away we have golden opportunities to bring about positive change and maybe even recruit technical people for good causes



  22. Getting Back to Productive Computer Systems Would Benefit Public Health and Not Just Boost Productivity

    “Smartphoneshame” (shaming an unhealthy culture of obsession with “apps”) would potentially bring about a better, more sociable society with fewer mental health crises and higher productivity levels



  23. Links 04/02/2023: This Week in KDE and Many More Tech Layoffs

    Links for the day



  24. Dotcom Boom and Bust, Round 2

    The age of technology giants/monopolies devouring everything or military-funded (i.e. taxpayers-subsidised) surveillance/censorship tentacles, in effect privatised eyes of the state, may be ending; the United States can barely sustain that anymore and raising the debt ceiling won't solve that (buying time isn't the solution)



  25. Society Would Benefit From a Smartphoneshame Movement

    In a society plagued by blackmail, surveillance and frivolous lawsuits it is important to reconsider the notion of “smart” phone ownership; these devices give potentially authoritarian companies and governments far too much power over people (in the EU they want to introduce new legislation that would, in effect, ban Free software if it enables true privacy)



  26. IRC Proceedings: Friday, February 03, 2023

    IRC logs for Friday, February 03, 2023



  27. IRC Proceedings: Thursday, February 02, 2023

    IRC logs for Thursday, February 02, 2023



  28. Links 03/02/2023: Proton 7.0-6 Released, ScummVM 2.7 Testing

    Links for the day



  29. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  30. Links 03/02/2023: GNU C Library 2.37

    Links for the day


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