Bonum Certa Men Certa

There's No Patent Trolls Problem in Europe, Say Law Firms That Represent and Front for Patent Trolls

Bristows LLP and EPO



Summary: In an effort to deny the severity and negative impact of patent trolls in Europe, law firms and publishers that represent such trolls once again downplay the Darts-IP report; at the same time they're attempting to facilitate yet more trolling by manipulating politicians and constructing the UPCA (along with lies, maliciously constructed so as to accomplish the unthinkable)

TECHRIGHTS is approaching its 24,000th blog post, having written a great deal about patent trolls in the US and well over 2,000 articles about EPO scandals. We're pretty familiar (not by choice) with the USPTO affairs and the connection to patent trolls.



"We've long warned that the same thing would happen in Europe if it didn't abstain from granting software patents."SUEPO has just highlighted yesterday's article from an author who spent almost a decade writing about software patents and patent trolls. He's pretty good at that area. We typically cover USPTO matters in the weekend, but this one relates to the EPO because the trolls epidemic is expanding in Europe, thanks in part to Team Battistelli. To quote the article:

Why the roots of patent trolling may be in the patent office



In recent years, American companies have faced a growing threat from patent assertion entities derisively called "patent trolls." These often shadowy firms make money by threatening patent lawsuits rather than creating useful products. A recent study suggests that the roots of the patent trolling problem may lie with the US Patent and Trademark office—specifically with patent examiners who fail to thoroughly vet patent applications before approving them.

So-called patent trolls "disproportionately purchase and assert patents that were granted by 'lenient' examiners," write Harvard economist Josh Feng and his co-author Xavier Jaravel of the London School of Economics in a December paper.

Patent examiners don't just decide whether or not to approve a patent. They're also supposed to narrow a patent's claims to make sure it only covers what the inventor actually invented. But some examiners do a better job of this than others. Feng and Jaravel found that examiners who demand the fewest changes to patent claims account for a disproportionate share of patents that ultimately wind up in patent lawsuits.

And these effects are large: the pair found that patents reviewed by examiners who are one standard deviation more "lenient" than average are 63 percent more likely to be purchased by a patent enforcement entity and 64 percent more likely to be involved in litigation.

The study reinforces earlier research suggesting that the country's problems with low-quality patents and rampant patent litigation is driven by inadequate scrutiny of patents by patent examiners. It suggests that giving patent examiners better training and more time to scrutinize each patent could improve patent quality and bring down frivolous patent litigation over time.


We've long warned that the same thing would happen in Europe if it didn't abstain from granting software patents. We warned about this long before we covered EPO scandals.

"The UPC, suffice to say, would considerably exacerbate things by giving more leeway to the trolls."We're unfortunately entering a phase wherein patent trolls aren't just a reality in Europe; they're becoming a lot more common. I heard from some firms in the UK; they're being threatened by trolls. They phone me. A lot of this isn't public knowledge and isn't in the public domain/record because lawsuits -- not threats thereof -- are what's visible.

The UPC, suffice to say, would considerably exacerbate things by giving more leeway to the trolls. Firms like Bristows, which promote the UPC in the UK, keep cheering for trolls that operate in the UK. It's done openly in their blogs, including IP Kat. We wrote about that in past years. Bristows and others like it also sponsor all sorts of publishers in the UK; this means that those publishers too are lobbying for the UPC (albeit it's disguised as a 'news' service). Check who Bristows targets as clients and actively represents. It's pretty revealing; we urge readers to research this on their own.

Speaking of publishers with their lobbying, see what Ellie Mertens published some hours ago. We already knew that Managing IP was bad (close to Battistelli and promoting the UPC). But to give a platform/puff pieces to Erich Spangenberg is a new low for them. He's a malicious patent troll looking for a buck through blackmail. He also sent me vague death wishes some months ago (during Christmas).

"Most of the post is copy-paste of someone from University College London (where Stephen Jones of CIPA, a Battistelli 'friend' and former 'Kat'], is a Visiting Lecturer)."Anyway, the main thing we wanted to point out is a new post from Annsley Merelle Ward (Bristows), a proponent of software patents (in spite of €§ 101), trolls, FRAND etc. She put it at IP Kat as usual and patent maximalists are linking to it (presumably because they wish to help her distort the record). She did that last month and she is doing it once again. The troll denialists from Bristows (whose clients include patent trolls) attack the study which highlights patent rolls as a problem in Europe. IAM, which is partly funded by trolls, was happy to boost this. It was also boosted by like-minded patent maximalists in the US and in Germany. Benjamin Henrion told one of them that "as long as small companies cannot defend themselves, there is a problem."

Most of the post is copy-paste of someone from University College London (where Stephen Jones of CIPA, a Battistelli 'friend' and former 'Kat', is a Visiting Lecturer). Here's a portion:

First, while it is true that there is some rise in NPE litigation, overall NPEs are responsible for initiating only a small number of patent infringement cases in Europe (around 5%, with a bit more in Germany). This suggests that there is hardly a problem with “abusive” patent litigation.

Second, the study highlights that it may be actually getting harder to monetise patents in Europe. NPEs mostly initiate patent infringement suits against large international telecommunication companies, presumably after prior licensing negotiations have failed. NPEs are also having their patents challenged in invalidity proceedings before courts and opposition proceedings before patent offices, presumably by the same large telecommunication companies. It seems that increase in NPE litigation may be actually attributable to hold-out tactics by large companies.


There are many falsehoods above and it would take a long time to correct them all. But Bristows is happy to put forth this nonsense, calling trolls "NPEs" and adding:

What do readers think? Merpel, herself, has some follow-up questions: Should Europe wait for more data and analysis before taking any action? Or should they look to the US experience and guard against that potential? Does it matter that NPEs target large companies instead of SMEs? Does that somehow neutralize the perceived problem? Is the absolute number of NPE-related patent actions what matters, or is the trend (increase/decrease) in the number of actions more important? Is it correct to suggest that NPE litigation is attributable to "hold out", or is that an oversimplification of what is really going on/is it fair to call that "hold out"?


So far, the only comments there (or the only ones permitted by Bristows) are in support of the trolls too. IAM has taken note of the source of some of these comments when it said: "We came to a similar conclusion. http://www.iam-media.com/Blog/Detail.aspx?g=84c119aa-7ec3-453b-bb4e-efca499f88a7 … Note comment at the end of the IP Kat piece from Richard Vary - ex-Nokia, now of Bird & Bird."

"The same Bird & Bird which lobbies for UPC almost as much as Bristows does? Do they even know what a patent troll is and acknowledge such a thing exists?"The same Nokia that conspired with Microsoft to pass loads of patents to patent trolls (as we covered in past years)? The same Bird & Bird which lobbies for UPC almost as much as Bristows does? Do they even know what a patent troll is and acknowledge such a thing exists? Many are proud denialists of such a problem.

Recent Techrights' Posts

European Patent Office (EPO) Series: The Brotherhood of São Bento
The Palácio São Bento – or São Bento Palace – is the seat of the Portuguese National Assembly in Lisbon
Brett Wilson LLP Reported to Police for Trying to Throw Large Parcel Into Our Home
This morning the campaign of intimidation...
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
The Cyber Show Has "Exciting Guests Coming" and a Gemini Capsule
"Site development is ongoing but now settling into a more stable form"
 
IBM's Quantum Bubble Already Deflating
Shares down over $55 in a few days
SLAPP Censorship - Part 101 Out of 200: Women Come to Realise They Don't Wish to Participate in Attacking Vulnerable Women
It relates to another topic that we shall be covering in the coming weeks
Links 08/06/2026: Proprietary Loaded With Security Holes, Armenia Defies Russia
Links for the day
Gemini Links 08/06/2026: NetHack 5.0.0 and Slop as Cannibalism
Links for the day
Links 08/06/2026: "Rising Emissions, Depleting Water" Due to the Pyramid Scheme of Slop; "Canada Needs to Rebuild Public Telecoms"
Links for the day
GAFAM Bots Are Not "Good Bots"
There's nothing "Good" about Google
Links 08/06/2026: Criticism of Microsoft Trying to Criminalise Pointing Out Bug Doors, TikTok Now "Climate-Denying Social Media App"
Links for the day
GNU/Linux Measured at 10% in Liechtenstein This Month
it seems like statCounter wrongly classified some GNU/Linux clients as Mac clients and is now issuing a correction
Communicating With Freedom - Part III - Quibble Envisioned as a New and Easily Accessible Communications Platform Based on LibreJS
the FSF really needs to become more active if not proactive in promoting those sorts of things
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.
Gemini Links 07/06/2026: Lynx in the 'Modern' Web and 'Overcooked' (Plagiarised by LLM) Code
Links for the day
Links 07/06/2026: Java Needs Seawall, Egypt Blasted for Arbitrary Detention of Activists
Links for the day
SLAPP Censorship - Part 100 Out of 200: Interlude and Outline of the First Half, 3+ Months That Got Us Death Threats Connected to Brett Wilson LLP (and Cyber Attacks That Are Difficult to Attribute)
This week we plan to have a good time
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026