Bonum Certa Men Certa

UPC and Patent Trolls: The Connection Revisited

Lesser explored aspects of so-called 'unitary' hogwash

Napoleonic Europe



Summary: Looking back at a New Scientist article (a year before Benoît Battistelli's EPO literally paid the New Scientist for puff pieces) which criticised the strengthening of Europe’s patent laws

UPC lobbying/promotion/meddling by EPO isn't a particularly big scandal compared to other EPO scandals, but it definitely worth noting, especially considering last night's senseless self-serving propaganda which later made it into Twitter.



The UPC and the "East Texas" patent troll problem are not far apart. Yesterday we shared a cautionary tale, having done so before regarding the Eastern District of Texas.

"Referring to your recent articles about the "East Texas" patent troll problem," one reader told us, "you might be interested in the following critique of the UPC which appeared in the New Scientist last year" (under the headline "Strengthening Europe’s patent laws will weaken them").

This one particular article from New Scientist, unlike some others, is not sponsored by the EPO.

To quote the relevant parts:

Europe's high-tech firms are threatened by patent reforms that will expose them to one of the worst features of the US system, says a patent expert

[...]

Under the EUP, a system of national patent courts will be set up. The verdict of any such court will be valid and enforceable in all countries that have ratified the treaty. It is, of course, important that their decisions are correct, unbiased and have a high standard of integrity. After all, when a court concludes that a patent has been infringed, the consequences can be serious. In 2006, for example, US company NTP obtained an infringement order against the maker of Blackberry mobile devices. The settlement cost Blackberry more than half a billion dollars.

So it is not a good omen that the signatories to the EUP include Bulgaria and Slovakia, two countries that are ranked very low in the World Economic Forum’s rating of judicial independence. Of 142 countries, Bulgaria is ranked 104th and Slovakia 116th. To put this in perspective, Zimbabwe is ranked 118th.

Why does this matter? When a patent holder initiates legal action, they generally get to choose the jurisdiction where the proceedings will take place. This creates an incentive for courts to gain a reputation for being favourable to patent owners, so as to attract business.

This “forum shopping” is already a real problem. In the US, the notorious Eastern District of Texas court is significantly more likely then other US patent courts to find in patent holders’ favour. Unsurprisingly, it is a popular venue for patent litigation. There is little to stop Bulgarian or Slovakian courts becoming the European equivalent.


This is the kind of thing we have been warning about. When software patents strike (as has just happened in Texas again) we are always reminded of one of the biggest failures of the US patent system. Last night we found in the news two new articles, "Activision Sued Over Fantasy Sports Software Patent Infringement" and "Patent owner sues EA, Activision, Zynga, and more over sports games". To quote the latter: "Texas-based Virtual Gaming Technologies, LLC is suing a number of game publishers over patents it holds relating to fantasy sports and, more specifically, realtime reports of sports information in games."

It's basically a patent troll attacking a lot of companies, located in different places, in one fell swoop. Do we want these in Europe as well? Of course not. ⬆

Recent Techrights' Posts

IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
 
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day