Bonum Certa Men Certa

Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

And even without/before something like the Unified Patent Court (UPC) is introduced to augment their scope of damage

Europe-Asia in globe of Earth



Summary: The UPC would turn Europe into some sort of litigation 'super-state' -- one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse

BATTISTELLI has failed miserably as head of the European Patent Office (EPO), which he ran a lot longer than usual and then left in the hands of a fellow Frenchman, whose appointment he lobbied for. Here we are in 2018 and there's no Unified Patent Court (UPC) and the European Patent Convention (EPC) is severely violated. The EPO is a pariah institution unable to attract any talent and Britain seems to be moving away from the European Court of Justice (ECJ), rendering the UPC moot. As for Germany, seeing violations of the EPC (big part of the constitutional complaint), it can't go on; do not expect it to ratify anything. It will just hope that people forget about the whole thing while it rots away. They won't want to admit culpability, including 'banana republic' German politics at 2 AM in the morning (we covered this utterly embarrassing episode several times before and Bristows deliberately mischaracterised it time after time).



"They won't want to admit culpability, including 'banana republic' German politics at 2 AM in the morning (we covered this utterly embarrassing episode several times before and Bristows deliberately mischaracterised it time after time)."Bristows's latest UPC propaganda (for the first time in weeks) came out thrice in one day. That was yesterday. Nothing from Germany, which is where the main question/barrier lies, just some fluff about the Preparatory Committee, the Hungarian political/court system, and also the Bulgarian one. Those countries don't really matter to the fate of the UPC; it's France, Germany and the UK that matter because their signature is imperative. Britain cannot participate and Germany may take a number of years to decide on the constitutional complaint, so don't expect any developments in this space any time soon. Battistelli is leaving next month. Even IAM, which his PR firm paid for UPC promotion, no longer seems to believe that UPC will ever materialise. Hours ago it wrote from an IAM-run event covering UPC among other things (patents in cars): "UPC - if it happens - will make little difference at first. Why would you use it, when you can go to a German court and get an injunction in less than 12 months? Hogan Lovells partner Benjamin Schroer..."

"It would be overwhelmingly negative for people of Europe and firms of Europe -- a fact that Team Battistelli and Team UPC passionately deny or lie about."UPC would be good for litigation firms and some foreign (non-EU) firms. It would be overwhelmingly negative for people of Europe and firms of Europe -- a fact that Team Battistelli and Team UPC passionately deny or lie about. The UPC would be fantastic to patent trolls and the demise of patent quality at the EPO already contributes to this.

A few hours ago IAM tweeted that "Germany is becoming more and more attractive to NPEs [patent trolls]. Maybe Ray should be more worried than he is! - Wilmer Hale partner Justin Watts," tying this to another tweet quoting Volvo (Sweden): "Up to now 100% of our NPE exposure has been in the US. NPEs in Europe do not keep me awake at night - Millien, Volvo [...] Don't underestimate China, says Volvo's Millien. I talk to chief IP counxel there who put many chief IP counsel in Europe and US to shame..."

Remember that IAM still denies that trolls even exist, not only that they're a problem. Germany is becoming more and more attractive to patent trolls, says Wilmer Hale, who reaffirmed what IP2Innovate keeps saying, backed by hard numbers.

I responded to IAM with: "But how can this be? IAM wrote long 'articles' (propaganda) denying what IP2Innovate had shown about patent trolls in Europe (did IAM lie?)" (IAM knows who its sponsors are).

"UPC's intended effect is to override national patent laws and courts, basically enforcing even software patents in nations that strictly forbid these."Remember that IAM will soon have Battistelli as a keynote speaker. He will be promoting software patents under the guise of "4IR" -- a relatively new buzzword/term the EPO invented and promoted by paying the media (corrupting journalism basically). Hours ago it tweeted: "We looked at #4IR from the perspective of patented inventions. Here are the results: http://bit.ly/4IR_findings #wef4ir #ioT #AI #fourthindustrialrevolution"

IAM quoted from its event: "Currently about 10% of a car is composed of software. In the future that will be 30%, says Volvo's Millien. The risk is that this will lead to patent litigation..."

"This is seductive to law firms."Only if Battistelli, IAM and others like them succeed in bringing software patents to Europe. They have been working towards that for years. UPC's intended effect is to override national patent laws and courts, basically enforcing even software patents in nations that strictly forbid these. This is seductive to law firms.

Found via Team UPC and Prospect a few hours ago is this new article, mostly behind paywall about the "farce" which is the "European patent court". To quote:

This is the business end of Brexit, when all the contradictory promises and impossible dreams come face-to-face with legal reality. Usually we only notice this when it’s about trade, but the same is happening all over society, from security to rules around food recipes. This is the tawdry story of what the government did—and didn’t do—with patents, and why it is now stuck with a series of mutually incompatible promises which are about to collide headlong into one another.

It starts with Theresa May saying one thing and then proceeding to do exactly the opposite. In October 2016, she told the Conservative Party conference that Britain would leave the jurisdiction of the European Court of Justice (ECJ). Then, the next month, the government confirmed that in fact it would do the opposite. The first statement was made in the full glare of media attention at a key event in the political calendar. The second was made away from journalists, in a quiet announcement on a departmental website noticed by just a handful of lawyers and nerds.


The rest is behind a paywall, but Team UPC treats that as further evidence that UPC cannot really happen, especially not in the UK. One pro-UPC person wrote: "Will contradiction Brexit -RemainUPC be resolved by merely limiting the announced retreat from reach of CJEU to “direct” CJEU jurisdiction (whatever that may mean)?"

There's no such thing. To even suggest such a thing is to insinuate that the laws (and even constitutions) can just be violated for the "greater good" which is facilitating the business model of Team UPC, namely litigation boon.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024