04.05.20

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The Fall of the UPC – Part X: How We Shall Catalogue UPC Lies

Posted in Deception, Europe, Patents at 7:10 am by Dr. Roy Schestowitz

John Alty on UPC
John Alty on UPC

Summary: The cult that Team UPC became (one member lying to another member, maintaining a false version of reality) will be judged based on underlying facts, not lying about facts; we start with a token of contempt for IP Kat and Bristows LLP (there are overlaps)

WE have finally caught up with everything that was piling up for a couple of weeks, more so due to the decision made on Friday 16 days ago. Our strategy was to amass all the claims — mostly lies — about what had happened. We correctly predicted endless spin from Team UPC. Now, after part 10 of the series, we intend to name and shame those who shamelessly spin (or worse — intentionally lie).

As we said last month, complete loss of credibility would be the main effect of the UPC’s fall. Those who repeatedly lied to us all — for a number of years in fact — will be judged based on their track record, the endless contradictions, even the malicious fabrications (like made-up rumours and faked job openings).

“Those who repeatedly lied to us all — for a number of years in fact — will be judged based on their track record, the endless contradictions, even the malicious fabrications (like made-up rumours and faked job openings).”Only days ago IP Kat (key participant in UPC lies) carried on as usual by citing Team UPC and its ‘turf’, namely itself (IP Kat) and Kluwer. Anastasiia Kyrylenko wrote: “For patent blogs, the UPC ruling of the German Constitutional Court became a major subject last week [read IPKat’s very own take here and here]. Kluwer Patent Blog has dedicated four posts to the topic (1, 2, 3, 4). Whether you’re looking for in-depth analysis or an overview of stakeholders’ reactions, these posts are for you. [...] But not all is the UPC and coronavirus.”

As usual, not a single UPC critic or sceptic is cited or even mentioned. Team UPC lives in a vacuum. People like yours truly, the successful complainant and a number of scholars just simply ‘don’t exist’. Team UPC ignores reality. It’s faith-based. It’s basically like a religion and people who are realistic will be treated/scolded as heretics. Several years ago people privately told me that the complainant must be paid by someone — maybe Russia! (or yes, always toss in Russia) — to file the complaint. This is the degree of lunacy one might expect from Team UPC. Concerned German citizens… must be Russian agents!

IP Kat still has Team UPC in it. IP Kat still censors comments. IP Kat may still have the same Bristows liars in it. Their ridiculous pro-UPC posts are still in tact, even if the UPC collapsed and they’ve left Bristows.

“As usual, not a single UPC critic or sceptic is cited or even mentioned.”Watch what the Bristows-connected EPLAW posted on March 27th, i.e. about one week ago. “Germany to continue preparations for the UPC” is the headline!

Bristows’ Gregory Bacon has also just published “German government to consider how to proceed with UPC” and his colleague Rich Pinckney brought back old ‘news’ (a litigation lobby think tank) by stating — nearly a month later — that “following the Committee’s evidence session, the Committee’s Chair wrote that same day to the IP Minister asking whether she could confirm media reports that the UK would not be seeking involvement in the UPC system, noting that the government had not yet made an official statement on its position. The Committee has not yet reported on any reply from the IP Minister.”

This is pretty much irrelevant now because of what happened in Germany. We’ll come back to the above later in the series.

As we noted in previous parts, the German government cannot legally advance the UPC anymore. There’s a constitutional deadlock and they won’t just change the constitution to ‘fit’ the UPC (the opposite should usually be done, albeit it can take years and may be impossible).

“In the next few parts we’ll present a sort of firm-by-firm ‘scorecard’, based on the response to the FCC’s decision and the accuracy of what firms’ employees responded with.”Professor Dimitris Xenos wrote about the UPC in relation to a prank press release: “This is what will happen when states are no longer able to control democratically the #patent system. Regrettably, it’s not an April fools’ joke but what is happening with the #unitarypatent…”

Xenos wrote papers on this and he plans to publish a book as well. Suffice to say, he’s not happy to see his country (the UK) exploring something ludicrous such as the UPC. But “thankfully,” I’ve told him, “UPC is not happening…”

In the next few parts we’ll present a sort of firm-by-firm ‘scorecard’, based on the response to the FCC’s decision and the accuracy of what firms’ employees responded with. The texts range from reasonable to laughable, usually the latter though.

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