Bonum Certa Men Certa

Bristows and AstraZeneca (IP Kat) Won't Offer Balanced Coverage of EPO Patent Cases

IP Kat as a patent litigation (or litigators') blog

Hohoho. It's Christmas so we can rewrite the record of BoA without being refuted.



Summary: AstraZeneca's somewhat bizarre version of what happens at the Boards of Appeal (BoA) of the EPO this year; the revisionism is between the lines, sometimes attributed to "Merpel" (not who that used to be)

WATCHTROLL or Patent Docs or all those other patent sites that are run by law firms won't cover European Patent Office (EPO) scandals. They never do. Instead they relay the lies of EPO management -- be it the latest speech from António Campinos or Battistelli 'study' -- and they constantly moan about 35 U.S.C. €§ 101 because it restricts patents on life and maths at the U.S. Patent and Trademark Office (USPTO). Just look who writes the articles there (affiliation).



"It's no laughing matter as it's a complete "180" compared to what the 'Kats' did half a decade ago."IP Kat sadly became the same thing some years ago. It links a lot to Watchtroll, it repeats EPO press releases, it promotes and advertises for Battistelli. It's no laughing matter as it's a complete "180" compared to what the 'Kats' did half a decade ago.

Disclosures aren't enough; there's still an impact when corporations choose to control or 'write' the news (for their own agenda/gain). Well, as a doctoral student I was funded by European budget (also as a postdoc), but a colleague of mine was paid by AstraZeneca, which wanted to profit from his 'research'; this is no charity and they're also in it for a patent grab.

This morning we saw this new comment from a(n apparently) retired patent attorney:

Thank you, Rose Hughes, for your (IMHO) not only consistently top class but also prolific and very enjoyable to read reporting of EPO Decisions over the last year. I very much hope you will continue to provide it in the next 12 months. Addressing Ms Hughes's employer, now, thank you very much AZ, for allowing Ms Hughes whatever time and resources she needed. It will surely be repaid to you handsomely. Happy New Year Rose.


Well, AZ (AstraZeneca) benefits from the bias in this coverage, as we covered in relation to part 1 of her series. She's promoting software patents in Europe and mocking the idea that the 'exile' of judges to Haar was in violation of the EPC (deeming that a waste of time!).

The above comment was posted in response to this article from an AstraZeneca attorney (Rose Hughes), who is at it again this weekend. The take on CRISPR patents is based on what overzealous patent maximalists at a CIPA event think (those attorneys/lawyers want patent monopolies on every single thing, including nature/life):

The European patent community is eagerly awaiting the outcome of oral proceedings in the high-profile CRISPR case. The exceedingly long written submissions (and occasional impassioned rhetoric) are a mark of the cases's importance: "Should everyone else change, or just the Patentee?": Progress of the Broad's CRISPR appeal. The Board of Appeal (3.3.08) has already issued its preliminary opinion: BREAKING: Board of Appeal provides some initial thoughts on the Broad Institute’s CRISPR appeal (T0844/18). It is widely expected that the Board of Appeal will dismiss the appeal. In a straw poll of the audience of the recent 2019 CIPA life science conference delegates, not one hand was raised to indicate an expectation of a positive outcome for the patentee. A decision in favour of the patentee would send a shock-wave through the European patent community.

However, the issue at stake in the CRISPR case is not the only game in town when it comes to priority at the EPO. There is growing appreciation that another issue of the EPO's approach to priority needs consideration by the Boards of Appeal. The EPO's approach to co-applicants when assessing a priority claim is one that is growing in prominence. It is hoped that the Board of Appeals will soon consider this issue and provide some much needed clarity for applicants: Clarity is needed from the Boards of Appeal on the EPO's "co-applicant approach" to priority.


Having followed these cases over the past year, I'm astounded to learn some people apparently can't spot the bias. To think of these as objective interpretations (with "Merpel" inserted in-between to justify an attack on all EPO judges) is to either enjoy the bias or fail to see it. It's so shallow that I can spot it from a mile away, perhaps owing to daily news check-ups.

We're still experiencing a severe crisis when it comes to journalism on patent matters. This crisis only deepens. The few remaining sites that covered EPO abuses (on occasions) shut down. Last year it was IP Watch (they said they'd make a comeback, but it lasted no more than a day) and this month it seems to be IPPro Magazine (no article in about a month and nothing about EPO abuses in nearly half a year).

Recent Techrights' Posts

Microsoft FakeHub: Identity Theft in Microsoft GitHub (Microsoft Won't Bother Addressing It; It Gives a False Impression of Adoption by GNU/Linux Veterans)
This is the same company that kept intact deleted accounts and counted them as if they're live and active (to hide the gradual abandonment and demise of the "hub")
Microsoft Tries to Force People Into Vista 11 by Stopping Vista 10 Patching, Herding Them Into TPMdom
It's backfiring
CyberShow Blog Upgraded, RSS Feed Added
CyberShow Blog has just had somewhat of a facelift
[Meme] The Microsoft Syndrome
Typical Microsoftism
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 01, 2025
IRC logs for Wednesday, January 01, 2025
Last Day of 2024 Was Spent by Brittany Day Publishing Only Fake 'Articles' (LLM Slop) About "Linux", Joined by Serial Slopper Brian Fagioli
Not even a holiday was enough to stop Day from "spamming" the Web with fake 'articles' (LLM slop) about "Linux"
Gemini Links 01/01/2025: Looking Back at 2024 and Happy 2025
Links for the day
Addendum: What the Software Freedom Law Center (SFLC) Really Is
Not serum free light chains (SFLC)
Sitting on a Mountain of Money (Almost 8 Million Dollars) is "Pro Bono"
Does the general public realise what SFC is?
Software Freedom Conservancy Inc (SFC) Lost Revenue and Also Got Rid of "Senior Director of Diversity and Inclusion" (Sage A Sharp, Formerly Known as Sarah Sharp, Who Ran an Ill-Spirited Campaign Against Linus Torvalds, Theodore Tso, and Other Prominent Linux Developers)
Not much needs to be said; a little needs to be shown (from an authoritative source, the IRS)
In Operating Systems, Google Was the Biggest Winner in 2024
Nevertheless, 10% of the managers are to be laid off shortly (after a leak led to confirmation by the CEO)
FSF-EEE (Colonial Splinter Group Based in Germany) Promotes Microsoft
New and misleading
Did GAFAM or IBM 'Downgrade' Pensions to 'Insurance' (Which Can be Denied)?
'Insurance' does not mean what it may sound like
Gemini Protocol Continued to Grow in 2024
it's no longer hosted from home
GNU/Linux Gained About 0.5% Last Year, According to StatCounter
2024 ended with "proper" GNU/Linux at +0.4%, ChromeOS at +0.1% (based on statCounter/StatCounter)
Geoffrey Knauth, FSF President and Treasurer, Comments on the FSF Raising Over $300,000
Now almost $304,000
Links 01/01/2025: Whistleblowers Shunned, EU/Germany Blasts Twitter (X, MElon) Interference
Links for the day
Mother of OpenAI Whistleblower Says Her Son Was Murdered (He Accused OpenAI of Copyright Violations at a Massive Scale, OpenAI is Running Out of Money That It Borrowed)
"Mother of OpenAI Whistleblower Alleges He Was Murdered, Says There Were Signs of Struggle"
Housekeeping and Productivity
The less we tinker with those things (system administration tasks), the more we can write and curate links
The Engineering Side in 2024: A Look Back, Taking Stock
uptime was somewhere around 99.95%
Dr. Andy Farnell Nominates Gromit the Dog "as an Unlikely Hacker Hero."
The world needs more decent engineers
The Free Software Foundation's (FSF) Holiday Fund-Raising Campaign Reaches About $303,000
in some parts of the US it's still 2024
Gemini Links 01/01/2025: Reflecting on 2024 and FSMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 31, 2024
IRC logs for Tuesday, December 31, 2024
Links 31/12/2024: Another Jeju Air Plane Has Severe Landing Gear Issue (Cannot Blame Birds Anymore), Turku Quits Twitter/X
Links for the day
2025 Coming. "Lawsuits are temporary. Glory is forever. Go public."
another promising year for us
Free Software Foundation (FSF) Raises about $50,000 After Saying We Should Put Pressure on Microsoft, Might Exceed $300,000 in Total Before 2025 (Boston Time)
FSF fund-raiser now at 292k US dollars. Spectacular growth, rising at a pace of about $20k per day!
Brittany Day Unleashes Microsoft Propaganda About Linux, Likely Generated by Microsoft LLM to Strategically Googlebomb a Topic
Yes, it's definitely LLM slop
Gemini Links 31/12/2024: Default Apps 2024 and Google News RSS Woes
Links for the day
Links 31/12/2024: 'Open'AI Has Run Out of Money Again, Venezuela Fines TikTok, Germany Warns X/Twitter Over Election Interference, Google Search Takedowns Out of Control
Links for the day
Gemini Links 31/12/2024: Google's Evil and VF-1 1.0.0 is Out
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 30, 2024
IRC logs for Monday, December 30, 2024