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

LLM Slopfarm: A Site's Last Incarnation Before Throwing in the Towel, Going Offline Permanently
A lot of coverage that claims to be about Finland is chatbot-generated nonsense or poorly-plagiarised work
LLM Slop (Lots of It Spewed Out by Microsoft) Versus Linux
Microsoft is a very, very evil company. It doesn't mind destroying the Web if there's a chance it'll make a buck in the process or mess up people's brains (in Microsoft's favour).
Slopfarms (Sites That Only Ever Publish LLM Slop) Are Killing Google News
pair of slopfarms still propped up by Google News
Microsoft's Serial Strangler's Law Firm Has a Long History of Fronting for People Who Do Bad and/or Illegal Things
Whose terrible idea was this?
Links 25/03/2025: Clownflare’s Slop and Bounties on Fake Patents
Links for the day
 
Links 26/03/2025: Healthcare Cuts and Turkey's Own "2025 Project" (Culling Opposition)
Links for the day
Microsoft Canonical Pays IDG to Spread FUD (Fear, Uncertainty, Doubt)
this seems a tad exploitative and reminds us of the time Novell kept telling companies that using anything other than SUSE was dangerous
Gemini Links 26/03/2025: GTD, Zenshuu, and Geminispace Community
Links for the day
Links 26/03/2025: Media's Failures, Arrests of Journalists, Limitations of End-to-End Encryption
Links for the day
Novell and Microsoft Apologist/Booster Bruce Byfield Writing About the FSF is a Recipe for Problems
Totally not shoehorning some agenda
Looking Forward to the Fall of UPC and Revocation of the Unified Patent Court (UPC) Agreement, Which Was Always Illegal and Unconstitutional
We'll try to keep abreast of any progress in this case
Slopwatch: Google News, LinuxSecurity.com, and the General Demise of the Web
many supposed or so-called "news" pages are just spewed out by some chatbots (or tools which help plagiarise original articles without getting caught; detection gets harder)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 25, 2025
IRC logs for Tuesday, March 25, 2025
Links 25/03/2025: Terrace Workbench and Spellcheck in LibreOffice on FreeBSD
Links for the day
Let Them Eat 'Apps'
Go Appless
Linux Runs Almost Everything, But They Almost Never Tell You This (No Marketing Budget)
Only about 1% (or at most 2%) of the Linux Foundation's budget goes towards Linux; a lot is routed towards Bill Gates and Microsoft promotion
Free Software Community Folks Are Closer Together Than the Cliques and Opportunists Rallying Around "Open Source" (Openwashing, Marketing, Conniving)
Generally speaking, freedom-loving geeks learn to reject morbid elements and trolls, who end up expelled
The Open Source Initiative (OSI) Might Get 'Forked' Soon
Someone who read our series has already taken a leading role
IBM Layoffs in the United Kingdom (UK) in 2025
Should Free software people trust such a secretive company?
Roku Will 'Lead' Attempts to Abolish the Illegal and Unconstitutional Unified Patent Court (UPC), Which Represents EPO Corruption and Lobbyism Spreading Upwards Inside the EU
When bribery buys policies and courts, even illegal policies and courts
Growing Poverty Rates in the United States of America (or Elsewhere) Beneficial to GNU/Linux Adoption
Toxic politics around the world, including the US, may mean weaker economies
European Patent Office (EPO) Illegally Turning to Slop Behind Closed Doors, Staff Objects to This Hidden Catastrophe
Who stands to gain from all this and at whose expense?
Gemini Links 25/03/2025: Relaxation, Literary "Movements", and Gemini Mentions
Links for the day
After US Government Funding Cuts the Centralisation of the Web (Especially Certificate Authority Let's Encrypt) is at Risk
They try to pull the plug on open protocols with decent encryption available (unless it is outsourced to third parties)
Links 25/03/2025: Putin Sends Children to Battle, 23andMe Drowns as People's Highly Personal DNA Data Floats
Links for the day
When Microsoft Folks Who Literally Strangle Women Try to Strangle Microsoft Critics
Speaking to Court staff yesterday, they too are shocked about those SLAPPs
Martinique: Windows Down to All-Time Low
we cannot expect Windows to ever recover
Anticipated in 2018: Lilie James & Location tracking, Googlists complained
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 24, 2025
IRC logs for Monday, March 24, 2025
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025