EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.17.17

Resumption of EPO Propaganda (‘Meet the President’) Officially Starts Tomorrow

Posted in Europe, Patents at 7:09 pm by Dr. Roy Schestowitz

Pre-filtered questions to help construct the impression of an attentive king

Meet the President

Summary: Yet another one of these foolish ‘Meet the President’ stunts (not the first), scheduled to take place tomorrow morning

Caricature: Battistelli’s New Year’s Resolution (More EPO Lies)

Posted in Deception, Europe, Humour, Patents at 6:58 pm by Dr. Roy Schestowitz

EPO speech

Summary: The latest cartoon being circulated within the European Patent Office (EPO)

More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

Posted in Deception, Europe, Patents at 5:39 am by Dr. Roy Schestowitz

“When asked by Ars, the EPO’s spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO’s internal rules…”

Dr. Glyn Moody

Summary: Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it’s clearly in a limbo and is unlikely to see the light of day

THE UPC Big Lie refuses to die. There is so much money at stake and those who hope to grab that money will just lie ad infinitum. Yesterday, Alan Johnson from Bristows (chronic liars [1, 2, 3]) wrote this blog post in the firm’s growingly-neglected site (as the UPC is clearly in a limbo).

“They have a TERRIBLE, truly appalling track record on facts.”Bristows has made false predictions so many times in the past that anyone with a braincell should learn to simply ignore them by now. But no; those who want to believe (like alien enthusiasts) just keep boosting all that nonsense. Whatever seems more optimistic is deemed better, but basing anything one publishes based on the liars from Bristows is not safe. They have a TERRIBLE, truly appalling track record on facts.

Here we have Alexander Esslinger (a.k.a. “Patently German”) propping up the latest nonsense from Bristows et al by saying “Provisional phase of #UPC to start in May 2017; fully operational in December 2017″ (he is actually citing Withers & Rogers, whose employee Dave Croston has just published fake news about the UPC).

“Many people have already explained why UPC is definitely inseparable from the EU.”“Unified Patent Court to be operational by December 2017 says the Preparatory Committee,” says this firm liking to this blurb from Team UPC. The Preparatory Committee is basically like a group of UPC boosters; they’re not independent actors. “Funfair fortunetellers predicting the future,” one person called it. If credibility depends on past predictions, Bristows and Team UPC should be regarded as chronic liars and repeating lies from Team UPC is hardly good journalism. They said 2015 about UPC ratifications, then 2016, now they say 2017. When will people learn to distrust people who continuously lie in an attempt to pressure/compel politicians to make an error, under the false impression of UPC inevitability?

Watch WIPR bragging about their “top story”, which is basically not fact-checked. The title is also misleading, as “can” (in the body) becomes “due to become” (in the headline). Never mind that Lucy Neville-Rolfe (whom they quote/cite) left or has been sacked after just months at her job.

“If the UPC became a reality, British businesses would be subjected to court rulings from places like Brussels.”According to this new tweet, Lucy’s successor “Jo Johnson who said ‘ #UPC isn’t an EU institution’ http://www.parliament.uk/business/committees/committees-a-z/commons-select/science-and-technology-committee/news-parliament-2015/intellectural-property-ev4-16-17/ … at 11:08″

Well, Jo Johnson (who is very young for a politician) is wrong. Maybe he is still clueless because he’s new at the job and has no prior experience in this area. Many people have already explained why UPC is definitely inseparable from the EU. See for example this older series:

Johnson clearly does not understand how the UPC works if he claims it not to be an EU institution, or at least something that is disconnected from the EU. If the UPC became a reality, British businesses would be subjected to court rulings from places like Brussels.

Going back to the aforementioned fake news, citing WIPR, Patent Attorneys like this one hope to convince us that the UPC is coming (never mind if the UPC Preparatory Committee has itself put the brakes on it). The Preparatory Committee is nothing but chronic liars and self-serving manipulators. Just look at their affiliations! And WIPR trusts them (along with Bristows) enough to say — in the headline even! — that “UPC due to become operational in December 2017″?

Sorry, but this is fake news. It’s lobbying by misinformation. Here is how the article starts:

The Unified Patent Court (UPC) preparatory committee has announced that the UPC can become operational in December this year.

Today, January 16, the committee announced that it is now “working under the assumption” that the provisional application phase will start at the end of spring 2017, “presumably in May”.

The committee said that the court can become operational in December 2017.

It confirmed that judicial interviews can begin and “appointments eventually confirmed”.

In October last year, WIPR reported that the UPC had postponed the recruitment of UPC judges in light of the Brexit vote.

“The current timetable is being revisited in light of the result of the referendum in the UK, which will to some extent delay the entry into operation of the UPC,” it said at the time.

In November last year, former UK Minister of State for Intellectual Property, Baroness Neville-Rolfe, made the announcement that the UK will implement the unitary patent and UPC.

“With UK ratification expected in April,” Benjamin Henrion quoted from this. But he is quoting the group of liars, Bristows UPC, who have been repeatedly misleading the public about it and are now promoting their blog post along with their marketing hashtag. Perhaps they hope to attract attention to their business by making ludicrous claims. We don’t know for sure…

The bottom line is, a lot of what we’re seeing in the media, manipulated by Team UPC, is fake news. We must respond to that in order to avoid confusion. These people are playing dirty.

EPO Totally Silent for a Month, But Deep Inside There Are Serious Cracks

Posted in Europe, Patents at 5:00 am by Dr. Roy Schestowitz

René Kraft
Photo credit (CC): Groupe LINAGORA

Summary: The situation at the EPO seems to be pretty grim, even at the top-level management, and the EPO has gone into permanent silence mode

“Solidarity with the victims in Berlin” was the last time the EPO said anything publicly (other than banal tweets that say nothing new). In our entire history covering EPO affairs we never saw such long timespan of silence. We started asking about the silence from SUEPO and the EPO. “Cease-fire” one person suggested as a possibility for SUEPO saying virtually nothing, adding that: “It’s probably the well known silent before the storm situation. We both know too well that Battistelli & thugs can’t be trusted…”

We are pretty certain Battistelli intends to sack some more staff representatives, maybe the ones that he’s currently busting at The Hague.

Meanwhile, as revealed by this comment yesterday, the French “principal director in charge of IT is a personal friend of Battistelli,” continuing a tradition of nepotism and institutional corruption at the Office. At the end of last year we learned about possible tensions between two French ladies (Battistelli cronies), Elodie Bergot and Nadja Merdaci-Lefèvre, and now we have this:

more insight into VP1′s “resignation for personal reasons”: according to a very well informant within principal directors in The Hague (a young man who cannot hold his mouth and shares privileged info with some), here is how it would have actually happened:

during the Admin. Council, Battistelli called VP1 in his luxury suite overlooking Munich’s city on floor 10 of the Isar building, to tell him that he was very happy with the production figures and that VP1 did an excellent job before to eventually tender him a letter of resignation ready to sign on the spot.

Indeed the Admin. Council was heavily complaining (in confidential sessions) about the lack of progress of the IT roadmap for which TONS of applicants’money has so far been wasted for no tangible results. Enough! Someone’s head had to roll

Since the principal director in charge of IT is a personal friend of Battistelli (who recruited him at this position where money flows like the Seine in Neuilly) he had to protect him and instead to find another culprit. Battistelli considered that old VP1′s one would do the trick.

Since then old VP1 is down, deeply affected (we actually ignored he was such a delicate soul…) and finds he was brutally abused by the man he served so faithfully during all these years. Indeed to end ones long career like an old pair of knickers thrown in the bin must be hard.

If the following (slightly later) comment is correct, then it confirms rumours we heard about Team Battistelli being in a crisis which it hides from the media:

Indeed VP1 was always a relatively simple soul who didn’t get where he is other than by following the leader rather than having a particular affinity for his DG. His lack of any examination experience (he was working only as a search examiner) helped him drive for numbers without any understanding of the eventualities. So he’s been stabbed in the back? I suppose he thought that meeting the numbers was all that mattered for keeping him in his position. Brutal.
At least I’m happy to hear it isn’t a cover for a serious health issue.

If anyone could provide additional information about this (preferably with some evidence/proof for backing), we would greatly appreciate it. We can be contacted anonymously.

01.16.17

‘Financial Director’ Publishes Fake News About the Unitary Patent (UPC)

Posted in Europe, Patents at 8:10 am by Dr. Roy Schestowitz

More of these foolish self-fulfilling prophecy attempts

Dave Croston in Financial Director

Summary: Response to some of the latest UPC propaganda, which strives to misinform Financial Directors so as to enrich the author and his firm

TEAM UPC and the EPO‘s management keep lying to us all about the UPC. Sometimes the media outside the echo chamber-like circles of the patent microcosm starts to repeat the lies, whereupon we need to step in and issue corrections.

The above ‘article’ was promoted via the patent microcosm in Twitter and it says UPC “will also be more appealing to SMEs.”

“Sometimes the media outside the echo chamber-like circles of the patent microcosm starts to repeat the lies, whereupon we need to step in and issue corrections.”Josep Maria Pujals says “excepto en España. Aquí vamos sobrados…”

I told him that the UPC would be harmful to ALL SMEs, not just Spanish ones, citing some among plenty of evidence of it. It is a Big Lie (in the classic sense) that UPC is good for SMEs. Large corporations, their lobbyists, and the patent microcosm keep spreading these lies and occasionally we see politicians repeating that lie (probably due to gullibility).

“I’d better say [about] UPC,” Josep Maria Pujals told me, “Any company infringing other’s (also sme’s) patents can be accused before one Court of infringement & receive an injunction” (exactly!).

“First, it’s not happening (the UPC). Second, not good for SMEs.”The above article was composed by Dave Croston, who by his own description is a “partner and patent attorney at Withers & Rogers,” i.e. part of the patent microcosm. Are publications not fact-checking what they publish? Is Financial Director publishing fake news now, on behalf of people seeking to profit from Big Lies? The UPC isn’t even going to happen in 2017. It’s the same old broken record we have been hearing every year.

If Financial Director fails to do quality control when publishing items, then we’ll need to help them. First, it’s not happening (the UPC). Second, not good for SMEs. Don’t just become a platform for the patent microcosm if the goal is to properly inform Financial Directors.

The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

Posted in Europe, Patents at 6:43 am by Dr. Roy Schestowitz

Related:

Technicolor logo

Summary: Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation

Published not too long ago was a sort of eulogy for patent trolls (“Number of New Patent Cases in the US Fell 25% Last Year, Thanks in Part to the Demise of Software Patent Trolls”). They’re not doing too well. Some of the biggest ones even collapse or resort to massive layoffs. Not that these people ever produced anything anyway, other than threatening legal letters…

Today we deal with Technicolor (covered here before [1, 2, 3, 4, 5]; it was close to Novell). Benjamin Henrion told me “lots of their boxes runs GPL code without publishing sources.” That’s a serious licence violation which highlights Technicolor’s hypocrisy.

Anyway, Europe’s lesser known patent troll (“licensing”) firm Technicolor is also dying or at least struggling, based on one of its fans, IAM ‘magazine’. To quote this Sunday’s report from IAM’s editor:

Technicolor CEO Frederic Rose has probably not had the best of weekends. On Thursday, the Paris-based entertainment technology company issued a warning that EBITDA (earnings before interest, tax, depreciation and amortisation) for financial year 2016 is likely to come in at €565 million – significantly less than the €600 million to €635 million that had been anticipated at the end of the third quarter. The shortfall has been caused almost entirely by lower sales than expected of set top boxes in the company’s Connected Home division. On Friday the markets reacted with a sell-off: the company’s share price fell by close to 20%.

However, the news was not entirely bleak. While Technicolor as a whole has failed to deliver the results it was supposed to, its technology licensing operation had a spectacular year producing EBITDA of €190 million – a record amount and a truly noteworthy achievement given a slump in income from the MPEG LA patent pool. In Q4 alone, the patent licensing business – under the stewardship of chief IP officer Arvin Patel – generated revenues of more than $70 million, thanks in part to the conclusion of a series of new deals. That’s quite a performance, albeit one that was trailed at the end of Technicolor’s first half.

We recently saw claims that the EPO was operating loss of €145,000,000 — a claim we were never able to verify because we lack accounting expertise. But either way, if our interpretation of the above is correct, as “the company’s share price fell by close to 20%” we can expect a similar decline in employment (same in Intellectual Ventures, which fired 20% of its staff a couple of years ago). Technicolor is said to employ over 10,000 people (according to Wikipedia anyway), but having reinvented itself as somewhat of a troll, the company does not deserve to exist anymore. It’s a parasite and a burden on society, not just in Europe.

01.15.17

EPO Abuses Come Under Fire From Politicians in Luxembourg

Posted in Europe, Patents at 5:20 am by Dr. Roy Schestowitz

Latest among many countries to express concern

Claudia Dall'Agnol
Source: Wikipedia

Summary: Luxembourg is the latest nation in which concerns about the EPO’s serious abuses are brought up not only by the media but also by politicians

THE EPO is very quiet this month. No “news” or “blog” items have been published since before Christmas.

Around Christmas time the media in Luxembourg published this article, which we mentioned here before. There is not much new information in there (not of great significance anyway) except parts which pertain to political interventions in Luxembourg. Notably, Claudia Dall’Agnol (pictured above) raises concerns and Etienne Schneider acts like a Battistelli mouthpiece, which makes Schneider look rather foolish and gullible. Does anyone out there still believe any word that comes out of Battistelli’s mouth? He’s a chronic, shameless liar. He’s a manipulative politician disguised as a manager.

Here is the English translation from SUEPO [PDF], which we reproduced below in HTML form:

“We’ve got our eye on it”

EUROPEAN PATENT OFFICE

Behind the façade of the European Patent Office (38 countries belong to it, Luxembourg among them) a massive social conflict has broken out.

The battle between the President and the staff union Suepo, which represents the majority of the 7,000 strong workforce, has been raging for more than five years. Minister Etienne Schneider is now providing a reply to the question raised in Parliament on this issue by LSAP deputy Claudia Dall’Agnol.

The management style adopted by President Benoît Battistelli, who took this office in 2010, appears to have led from escalation to escalation. Only recently, staff members took to the streets in their thousands in Munich to march to the consulates. If we are to believe what the union members are saying, Battistelli has been tightening the screws for a long time, to such an extent that the environment at work can sink no lower. In the course of the year, three senior Suepo members have been summarily kicked out. Our information is that the President has produced very flimsy excuses for doing this – some would say totally far-fetched.

Another senior Suepo figure was dismissed without notice at the beginning of November at the branch of the Office at The Hague, and a further member is said to have been subjected to extreme pressure. How, why, when, and who is concerned is not clear from the accusations. Two weeks ago, EPO officials at The Hague were called upon to carry out a protest demonstration at the Dutch branch office. A majority of the 2,800 or so personnel working there took part, and really made their voices heard (► Link).

“Focus of attention”

The Minister responsible, Etienne Schneider, in his reply to the question raised in Parliament by Deputy Claudia Dall’Agnol simply repeated the official version put about by the EPO President. There have allegedly been cases of bullying, but those responsible have been identified and punished. The staff member who was ejected in November at The Hague is said to have been the main person responsible.

But we have received entirely different information, too, which points to the President unleashing a systematic campaign of harassment against many of his staff, but in particular against the personnel representatives who are members of Suepo.. Schneider appears to be equally at ease in his reply,since he goes on to write: “I can give assurance that the Luxembourg delegation continues to pay close attention to the development of the social dialogue at the EPO, and to provide its support to any initiative in that context.”

According to Etienne Schneider, the agenda at the next meeting of the Advisory Board is scheduled to include the results of an internal survey on the issue of social dialogue and working conditions at the branches of the European Patent Office.

As can be seen from the above (last three paragraphs), Battistelli’s apologists seem to be relying on paid-for propaganda from PwC. We previously we wrote about it in the following articles:

SUEPO is very quiet these days, but the same goes for the EPO in general, including the management. This gives us more time to unearth and publish older material whose analysis is well overdue. Expect much more to come out in the coming days.

Constitutionality as a Barrier and Brexit Barriers to UPC Keep the Whole Pipe Dream Deadlocked

Posted in Europe, Law, Patents at 4:52 am by Dr. Roy Schestowitz

UPC, RIP

Summary: The UPC is still going nowhere fast, but the demise (or death) of the UPC as we know it must not be taken for granted

THE UPC may be unconstitutional (or un-Constitutional) in a lot of states. Does Battistelli care? Well, he hardly cares about the laws, let alone constitutions. According to this or this, quoting the new (and latest) paper from Dr. Ingve Björn Stjerna, “German ratification proceedings comprise several options for bringing the ratification legislation before the German Constitutional Court (“BVerfG”) for a constitutional law review in which the CJEU would be invoked as regards Union law questions by way of a request for a preliminary ruling.”

“We need more Free Open/Source software companies to help us battle the UPC, which would definitely usher in not only patent trolls but also software patents in Europe.”Given Germany’s selfish interests, as we recently noted in relation to Germany's Justice Minister Heiko Maas, we very much doubt the government will care if the UPC turns out to be un-Constitutional. Things have gotten so bad in fact that Maas also flagrantly disregards/ignores EPO abuses (as per German law) on German soil. As for Team UPC, it’s paying for propaganda. These people play dirty. Very dirty.

Thankfully, as we repeatedly pointed out before, the UPC in in a limbo. In fact, based on the abstract of this upcoming FOSDEM talk, Robinson Tryon too agrees with the “limbo” analogy. “With the future of the European Union’s Unitary Patent Court in limbo due to the Brexit,” he writes, “leaders in Free Software owe it to themselves and their companies to be more agile and more prepared to address patent issues…”

We need more Free Open/Source software companies to help us battle the UPC, which would definitely usher in not only patent trolls but also software patents in Europe. Here is the full abstract of the upcoming talk:

Are FOSS Companies Ready to Deal with Patents in the US and Europe?

Most small businesses have no patent strategy. Though many FOSS companies have policies in place regarding copyright and keeping detailed records of code contributions, few have paid enough attention to how patent litigation could affect them. For those FOSS businesses active in multiple countries or looking to expand into an international market, failure to understand the patent ecosystem in each jurisdiction could be a costly mistake.

Most small businesses have no patent strategy. Though many FOSS companies have policies in place regarding copyright and keeping detailed records of code contributions, few have paid enough attention to how patent litigation could affect them. For those FOSS businesses active in multiple countries or looking to expand into an international market, failure to understand the patent ecosystem in each jurisdiction could be a costly mistake.

This talk will use recent cases and ongoing changes in the patent systems of the US & Europe as modern examples for our discussion. We’ll describe the pitfalls that can affect any company, tabulate the costs of litigation, and offer methods businesses can use to reduce overall risk.

With the future of the European Union’s Unitary Patent Court in limbo due to the Brexit, and with no public position on patents from the United States’ next administration, leaders in Free Software owe it to themselves and their companies to be more agile and more prepared to address patent issues — whether they work at a small startup or at a large multinational corporation.

We previously coordinated some action (such as petitioning) regarding the UPC, but seeing how things are moving in the UK (with the business-oriented Madame Tesco leaving to be replaced by Boris Johnson's brother after just months in her job), it seems like the UPC is falling apart anyway, even without some outside intervention.

« Previous entries Next Page » Next Page »

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 Channels: Come and chat with us in real time

New to This Site? Here Are Some Introductory Resources

No

Mono

ODF

Samba logo






We support

End software patents

GPLv3

GNU project

BLAG

EFF bloggers

Comcast is Blocktastic? SavetheInternet.com



Recent Posts