Bonum Certa Men Certa

Lawyer Fraud and the Unified Patent Court (UPC)

Advocates, barristers, solicitors, attorneys and lawyers are typically in it for the money (justice being a "nice to have")

Solicitors



Summary: Ethical lapses in the profession which many wrongly assume to be law-abiding and further discussion about never-ending lies from Team UPC, which strives to undermine the law in order to profit from frivolous litigation

TWO years ago we were told about fraud at the EPO. We were told this by reliable sources (based on their track record), but nobody with access to evidential material is courageous enough to come out and leak it. Seeing how large publishers (corporate media) or "the press" mostly disregards/ignores EPO scandals, maybe it's not perceived to be worth the risk.



"Seeing how large publishers (corporate media) or "the press" mostly disregards/ignores EPO scandals, maybe it's not perceived to be worth the risk."A few days ago, serving somewhat of a blow/shock to the so-called 'IP' industry, an 'IP' lawyer was sentenced for 7 years. It's a fraud case. Articles about that, e.g. this one, do not name the person or simply use a paywall to hide it. The term 'IP' (patents, trademarks, copyrights, trade secrets etc.) is used extensively, so it's hard to know if it relates to the USPTO (which does not deal with copyrights). The article says: "An IP lawyer with Big Law grooming now faces prison time after admitting to money laundering."

We occasionally write about ethics in the patent world because we want to highlight, even to examiners, that there's a lot of foul play. The other day David Hricik wrote about "Unethical Arbitration Clauses" (by which he refers to lawyer ethical rules). To quote:

This is a non-precedential Third Circuit decision, Smith v. Lindemann (3rd Cir. No. 16-3357 (Sept. 21, 2017), and it’s dicta, but it is worth noting because I have blogged about arbitration and awards that violate public policy, as set forth in lawyer ethical rules, before.

In this case, the client sought an order from the district court that her legal malpractice claim was not subject to arbitration because New Jersey prohibited agreements requiring arbitration of malpractice claims and, even if it were sometimes permitted, the client had to give informed consent.


Breach of duty, moreover, was noted just before the weekend in relation to another case:

Following a jury verdict of infringement and invalidity, the court granted in part defendant's motion for judgment as a matter of law that plaintiff was equitably estopped from enforcing its anticoagulant patent.


Just to repeat (or put more emphasis on this), we are not suggesting that this whole occupation is scandalous and dishonest. Having said that, seeing the sorts of lies that come out from Team UPC we can't help but feel like many lawyers are liars. That's how they make money.

"Many people are led to believe that the job title "lawyer" implies adherence to the law; in practice, however, these people often use their skills to work around the law, to misrepresent the law, and engage in mischievous activity."Case of point: CIPA et al (or Team UPC, UPC lobby or whatever one calls that cabal) is trying to mislead people like Sam Gyimah, conflating the EPO (or EPC) with UPC; the UK can remain in the EPO after Brexit (nothing new here), but not the UPC, as that introduces legal constructs that aren't just unconstitutional and unconventional; why would a Britain outside the EU let British companies be subjected to court orders written in a language other than English in another country? There are many other issues.

Team UPC posted a link to outright delusional spin and lies from Bristows, basing on that some sort of insane vision which goes like this: "Start of UPC (ie, the PPA) in 2018 possible, but only if DE constitutional complaint declared inadmissible; certainly not if admitted for full trial (irresp. of whth Constitutional Ct refers to ECJ or not). If the latter, problem w approaching Brexit."

"We don't mind hurting the feelings of a few lawyers here and there if we merely name and shame a few of them (or some particular law firms)."First of all, it's improbable that the complaint will be deemed inadmissible; we know enough about that and many parties approach by FCC did not even bother making a submission. Many inside Team UPC too have given up. And regardless of Germany, the UK cannot enter the UPC. It just cannot, short of mischief or violations of laws/constitution.

Many people are led to believe that the job title "lawyer" implies adherence to the law; in practice, however, these people often use their skills to work around the law, to misrepresent the law, and engage in mischievous activity. We don't mind hurting the feelings of a few lawyers here and there if we merely name and shame a few of them (or some particular law firms). Not all lawyers are bad; far from that! But the presumption of innocence or honesty would be misplaced.

Recent Techrights' Posts

IBM Sends Money to Microsoft
Red Hat basically helps sponsor the company that's a attacking our community
When the Cancer 'Metastasises'
We had a red flag
Attacks on the EPC: Reality and Fiction
EPO leaks
 
Links 02/03/2024: Actual Journalists Under Attack, More Software Patents Being Challenged
Links for the day
Gemini Links 02/03/2024: NixOS on GPD, Meson Woes
Links for the day
statCounter March 2024 Statistics (Preliminary)
Notice Asia
Links 02/03/2024: More Lawsuits Against Microsoft, Facebook Killing Hard-To-Find News
Links for the day
ZDNet (Red Ventures) Works for Microsoft (Redmond), Many Of Its Pages Are Spam/Advertisements Paid for by Microsoft
Here is the "smoking gun"
Wikipedia Demotes CNET Due to Chatbot-Generated Spew as 'Articles'; It Should Do the Same to ZDNet (Also Red Ventures, Also Microsoft Propaganda)
Redmond Ventures?
The Direction WordPress (GPL) Has Taken is an Embarrassment
it comes with strings attached
March in Techrights (EPO Litigation and More)
One theme we'll explore a lot when it comes to GNU/Linux is the extent to which communities truly serve communities
Don't Forget to Also Follow Tux Machines
We've split the material
Yandex Usage Has Surged Since the Invasion of Ukraine, Microsoft Fell to 0.7% (It Was 1.7% Before the 'Bing Chat' Hype Campaign)
In Soviet Russia, Bing searches user
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 01, 2024
IRC logs for Friday, March 01, 2024
Sellout Completed: Linux Foundation Converging With the Gates Foundation
not a joke
Hitler Rants Parodies on Steve Ballmer
Parody created using clips from Downfall (Der Untergang)
With Windows This Low (27% of the "OS" Market), Steve Ballmer Would Have Thrown Another Chair
The media produced many puff pieces about Nadella at 10 (as CEO), but what has he done for Windows? Nothing.
[Meme] The Naked President
EPO Suffers From Shrinkage
Understanding Cardinal George Pell prosecution, Institutional abuse & Debian cybertorture
Reprinted with permission from Daniel Pocock
Links 01/03/2024: Many More Layoffs, "Funerals" for Software Patents in the US
Links for the day
Gemini Links 01/03/2024: OFFLFIRSOCH 2024 and Dark Streets Tech Demo
Links for the day
Links 01/03/2024: Navalny Funeral and Media Under Attack
Links for the day
Gemini Links 01/03/2024: Making Art and the Concept of Work Management
Links for the day
Schriftleitergesetz: Hiding the Holocaust with censorship
Reprinted with permission from Daniel Pocock
[Meme] His Lips Moved
Here is your national "news" for today
statCounter: GNU/Linux Exceeded 6% in Asia Last Month (Compared to 4% Just 12 Months Earlier)
numbers may be biased
What the End of Journalism Looks Like
All on the same day
Links 01/03/2024: Microsoft 'Retiring' More Services and Raspberry Pi Celebrates 3rd Birthday (Launched on February 29th, 2012)
Links for the day
Women's Empowerment
Sponsored by Bill Gates
Gemini Links 01/03/2024: Speed Bumps and Analog Stuff
Links for the day
[Meme] Those Greedy EPO Examiners
Says the litigation industry, charging 300 euros an hour per attorney
EPO Discriminates Against Families of Its Own Workers, the Union Explains Legal Basis Upon Which It's Likely Illegal and Must be Challenged
To the Council, the EPO boasts about its wealth (seeking to impress by how much breaking the law "pays off")
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 29, 2024
IRC logs for Thursday, February 29, 2024
Links 01/03/2024: Misuse of Surveillance Against UK-Based Journalism, EPO Conflict Now in the Media
Links for the day
Taking a Break From Paid Promotion of the Illegal, Unconstitutional Kangaroo Court for Patents (UPC)
JUVE returns to its 'roots'?
FSFE admits losing funds from bequest by insulting and ignoring Fellowship representative
Reprinted with permission from Daniel Pocock
Gemini Links 29/02/2024: Raspberry Pi Incus Cluster and Aya 0.5.0 Coming Soon
Links for the day
Links 29/02/2024: Layoffs at Apple, Expedia, and Electronic Arts
Links for the day
Gemini Links 29/02/2024: Web Enshittification and Firefox user-agents
Links for the day
Spiked Piece/Censoreed Piece: 'Microsoft Copilot is a gimmick', says top CIO
Issues relate to connectivity and cost
Enrico Zini, Mattia Rizzolo, Plagiarism & Debian
Reprinted with permission from Daniel Pocock
[Meme] Clergy of GNU/Linux (Corporations Like IBM)
Volunteers as powerless "followers" of companies that "harvest" their labour
There Will Be Lots More Apple Layoffs (Already Years in the Making)
The corporate media still tries to shape the narrative to prevent panic or delay market hysteria
Latest SUEPO (Staff Union of EPO) Report For The Hague Reveals EPO Does Not Obey Court Orders, Refuses to Allow Workers to Freely Talk to One Another
working in a place where communication itself is restricted
[Meme] The Oppression Will Continue Until EPO 'Quality' Improves
wonder why EPO morale is so low?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 28, 2024
IRC logs for Wednesday, February 28, 2024
Outreachy, GSoC-mentors & Debian-Private may soon become public records in federal court
Reprinted with permission from Daniel Pocock