10.13.20

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We’ve Relegated UPC ‘Fake News’ to Our Daily Links (Because It Has Gotten Increasingly Ridiculous)

Posted in Deception, Europe, Patents at 3:51 pm by Dr. Roy Schestowitz

Summary: Anything like the Unified Patent Court (UPC) is simply unconstitutional; but law firms and ‘news’ sites (working for these law firms) are still in denial about the simplest of facts as they continue spreading baseless optimism ahead of another Bundestag charade

EARLIER TODAY it became apparent that Team UPC isn’t as dead as the UPC itself and no amount of critical comments (e.g. blog comments) and clear intent to file further complaints would discourage misinformation.

“At the end of the day the German ministry of injustice will look very foolish and Team UPC will have to explain to gullible clients — yet again — why there have been so many misleading blog posts.”Some time later this month Bundestag chums might vote, but the short story is, as the FCC already publicly stated, the number of people voting wasn’t the sole problem. The Justices spoke about this with the German media and it has since then got even more complicated (e.g. UK de-ratifying UPC/A). Nevertheless, seeing headlines such as Germany hastens second ratification of Unified Patent Court, German draft UPC ratification bill in parliament, chance of new constitutional challenges (the comments are more accurate than this post), German Parliament refers UPC bill to committees for consideration on first reading, and Germany tries again to ratify Unified Patent Court-Agreement one might be tempted to think that this still stands a chance.

Sorry, no.

“The facts and the law are not on Team UPC’s side; they know it!”Having spoken to a bunch of people familiar with this situation, there will almost certainly be chaos if there was somehow a positive vote (an unlikelihood in its own right). At the end of the day the German ministry of injustice will look very foolish and Team UPC will have to explain to gullible clients — yet again — why there have been so many misleading blog posts. Aggressive political lobbying may be effective at the level of Bundestag, but not courts like the FCC.

So, long story short, we don’t expect anything major to happen this month (except perhaps yet another constitutional complaint, shall it be needed). The facts and the law are not on Team UPC’s side; they know it!

For the time being whenever we stumble upon misleading ‘articles’ and blog ramblings (usually Bristows LLP at its own site and anonymously at Kluwer Patent Blog) we’ll likely add them to Daily Links with a correction/comment. The UPC is too dead to spend a lot of time on. We’re almost in 2021 now. They told us UPC would start in early 2015. See below.

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