Bonum Certa Men Certa

IP Kat or IP Troll? IP2Innovate Warns That UPC Would Help Patent Trolls While IP Kat Promotes UPC

Now we have even massive corporations on our side, gently antagonising the Unified Patent Court (UPC)

IP2Innovate
Who's behind IP2Innovate? Some big names.



Summary: The fightback against the UPC finds unexpected allies -- those who are clearly concerned about the detrimental effects that the UPC would have on practicing businesses

THE EPO cannot be replaced per se by the UPC, but UPC-like regimes can transform the EPO in defiance of the EPC and thus violate not only national laws and constitutions but also the very vision and rules, whose violation should be the deprecation of the EPO itself. The whole thing is a disaster in the making and what looks like EPO insiders can't be blamed for being angry at IP Kat for aiding Battistelli's UPC agenda. They continue to slam IP Kat for its UPC lobbying/agenda-driving effort and here is the latest comment about it:



Quite frankly, the opinion of this author whose firm is heavily invested in the UPC is as biased and thus irrelvant as that of the other UPC proponents. They are all in vain trying to cherrypick from the apparent mess something to suit their needs and further their agenda. Whether it's Tilmann, Mooney, Hoyng or now Mr Smyth.

They start suble exercises of interpreting official statements e.g. by the government or even the CJEU (Opinion 1/09), giving them a meaning that was certainly never thought of nor intended. The technique is always the same and one is left to wonder whether these people, apparently lacking any meaningful level of creativity, do really think that they can still be taken seriously.

An inevitable part of their story always is the remark "How numerous are likely to be CJEU referrals by the UPC anyway?" Quite frankly, as it has been pointed out elsewhere (bit.ly/2k0nOCV), in the end it may well be that CJEU involvement will not be as limited as now alleged. Of course, this allegation likewise serves the purpose of trying to paint the UPC picture that everything will be fine and coherent, but in reality it is not. The stage has already been set for allowing the CJEU to assume interpretation competence also with regard to interpreting material patent law, some unwary commentators have clearly said so, Mr Tilmann being amongst them. The main purpose of the 'compromise' on Articles 6 to 8 apparently was to hide this CJEU competence for later, until it can be 'activated'.

But, of course, how would any UPC proponent ever be willing or able to just notice the facts and discuss on this basis, they rather prefer to build their own reality and sell this to others as facts.


As some people may have noticed, there is now a corporations-backed push which antagonises the UPC. That's what we have been waiting for. Suffice to say, low patent quality leads to and supports patent trolls, as clearly shown in the US, China, etc. Battistelli actively supports trolls if he persists with that UPC crusade of his. Even large companies are growing nervous about it and some are eager to push back. One UPC observer/critic wrote that "patent trolls cases outside the US-German courts see more than 2/3 of all patent litigation held in Europe [...] [quoting the relevant document] 'Germany (and China, another bifurcated country) offers the best patentee win rate in infringement actions' #unitarypatent #UPC #NPEs"

This is recognition of the contribution of UPC to trolling. The relevant citation for this is "The Rise of Non-Practicing Entity (NPE) Cases Outside the United States", citing “Global Patent Litigation: How and Where to Win” from Michael C. Elmer and C. Gregory Gramenopoulos.

The UPC would be ever more useful to trolls now that a lot of bad patents are being granted in error. Last night we saw this puff piece titled "EPO Grants Record Number of European Patents in 2016", but a better headline would be: "EPO doesn't do quality control, just grants patents like a factory."

This isn't the fault of examiners by the way but the fault of policy (i.e. management).

Many of us software developers are concerned. The fear of patent trolls in Europe is real and was covered last night by Florian Müller, whose company would definitely be an attractive and ripe target for trolls. Several people associated with FFII have already felt the wrath of trolls (it devastated their employers). Here is a new article about the story which we believe a press release 'broke' (with Müller first to cover it):

‘Trolls’ file a “staggering” 20% of patent lawsuits in Germany, according to an advocacy coalition with members including Adidas, Google, Intel and Spotify.

IP2Innovate, formed last year, alleged that that EU is facing an “explosion” of patent infringement suits from patent trolls that are abusing Europe’s legal system for financial gain.

In a press release issued on Tuesday, April 4, the advocacy group demanded urgent action from the European Commission.


Here is the key part: "Patrick Oliver, executive director of IP2Innovate, said: “The risk will only increase with the implementation of the Unified Patent Court, which will make Europe an even more attractive venue for patent abuses. The European Commission must get tough with US patent trolls.”"

Indeed. Thank you, Sir.

It's time for everyone -- EPO insiders included -- to recognise that the UPC is an enemy of Europe and only a friend of few large corporations and their patent lawyers, who regularly lie 'on behalf' of SMEs.

Recent Techrights' Posts

Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
 
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025
Links 20/01/2025: Conflict, Climate, and More
Links for the day
Gemini Links 20/01/2025: Conflicted Feelings and Politics
Links for the day
Daniel Pocock's ClueCon 2024 Presentation Was Also Streamed Live in YouTube and Later Removed by Google, Citing "Copyrights". Now It's Back.
The talk covers social control media, Debian, politics, and more
Google 'Cancels' RMS
Is the talk happening?
Microsoft Revisionism Debunked by Microsoft's Own Words About “the Failure of OS/2”
The Register on “the failure of OS/2”
Improving Daily Links by Culling Spam, Chaff, and LLM Slop
the Web is getting worse
Links 20/01/2025: Indonesia to Prevents Kids' Access to Social Control Media (Addiction and Worse), Climate News Catchuo
Links for the day
[Meme] EPO Targets
Targets mean nothing if or when you measure the wrong thing
EPO Union Says Monopoly-Granting Targets at EPO "Difficult to Achieve Without Compromising [Staff] Health, Personal Time or the Quality of the Final Products" (Products as in Monopolies, Not Real Products)
To those of us (over 99.999% of people impacted by this) who do not work at the EPO the misuse of words like "products" (monopolies are not products) should be disturbing
The EPO is Nowadays Trying to Trick Staff Into Settling Instead of Solving the Underlying Problems of Corruption and Injustice
This seems like a classic case of "divide-and-rule" or using misled/weak people to harm the whole group (or "the village")
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025