Roku Will 'Lead' Attempts to Abolish the Illegal and Unconstitutional Unified Patent Court (UPC), Which Represents EPO Corruption and Lobbyism Spreading Upwards Inside the EU
When bribery buys policies and courts, even illegal policies and courts
At last it's happening.
Roku challenges the legality of the UPC! It all along seemed like this was just a matter of time, only a matter of which heavy- or deep-pocketed company does this first.
One can hope those who decide on the matter aren't political or, yet worse, in the pockets of Team UPC, i.e. profiteers of a system they themselves created in order to profit more (at others' expense).
As one person put it this month: "Roku is challenging the compatibility of the Unified Patent Court Agreement with EU law, and has been allowed to appeal that question to the CoA."
Some further quotes: "Roku challenging the legality of the Unified Patent Court [...] According to Roku, it's insufficient that the Brussels I bis Regulation (secondary law) treats the UPC as the equivalent of a court of an EU Member State [National Court]"
"The judgment is in German," someone has told us, but based on those who "made some LLM automated translation to English, it basically says art267tfeu is for national courts. Changing how EU Law works would have required a change of the EU treaties."
"Roku is appealing to UPC in Luxembourg," we're told, and there's "doubt they will ask the question to the CJEU."
Eventually it needs to go to the highest courts (not kangaroo ones), ending the UPC and probably removing all "unitary effect" from all European Patents.
This was a very dark episode in EU history; when they pushed the UPC despite knowing it was impossible (unless they promote what's impossible, i.e. the illegal and unconstitutional) they signalled that the EU quit caring about the Rule of Law and instead did whatever lobbyists demanded.
A lot of the media quit writing about EPO corruption (the EPO sends SLAPPs to reporters), but it remains a serious problem that even EPO stakeholders talk about and campaign around. Patent applicants too are upset. We can relate to that.
For the sake of their hard-earned reputation and perceived legitimacy (respect from the public) courts of law do not wish to entertain and generally prefer to avoid violent criminals (e.g. Texans from Microsoft) whose goal is to gag their victims and/or people who report on abhorrent behaviour. Similarly, patent courts can reject EPO rubbish to avoid getting stereotyped like Texan patent courts. █