Bonum Certa Men Certa

The Patent Litigation Bubble is Imploding in the US While the UPC Dies in Europe

Scientists have the upper hand after all; the so-called 'litigation industry' loses grip

"The day that the software sector forms a clear front against software patents, as pharma does for a unitary patent system… will be the day our cause comes close to winning."

--Pieter Hintjens



Summary: The meta-industry which profits from feuds, disputes, threats and blackmail isn't doing too well; even in Europe, where it worked hard for a number of years to institute a horrible litigation system which favours global plaintiffs (patent trolls, opportunists and monopolists), these things are going up in flames

THOSE who make a living out of science and technology may sometimes pursue patents. Readers of ours, including workers of the European Patent Office (EPO), already know too well that we're not against patents, we're against software patents. Some people make a living out of litigation alone, notably lawyers and patent trolls. They're parasites that merely tax science and technology and it would be a shame if these parasites took over the patent system -- a subject we'll address in our next post.



In reality, however, the trend in the US is encouraging; litigation that involves patents -- typically software patents -- has nose-dived and patent maximalists' front groups hope for salvation, bringing up news from as far back as October. "ICYMI," (in case you missed it) they wrote this week, "Fmr. @USPTO Dir. Kappos and Judge Michel in @MorningConsult: #SupremeCourt decisions on #patent subject matter eligibility are undermining health care #innovation. https://morningconsult.com/opinions/supreme-court-patent-decisions-stifling-health-care-innovation/ …"

"In case you missed it," I've told them, "David Kappos is now a lobbyist. USPTO encourages this kind of corruption." (former officials becoming lobbyists)

Meanwhile, Dennis Crouch published for patent maximalists and then revealed just how patent maximalists react to the implosion of the patent litigation bubble in the United States Patent and Trademark Office (USPTO). "District Court Patent Litigation Way Down," says the headline, which is based on data from LexMachina. To quote: "There are several ways to measure the relative amount of patent litigation — but the easiest way is to look at new case filings. The chart below comes from LexMachina data and includes a forecast for the remainder of 2018. Note the continued slide in patent infringement complaints — down about 45% from 2013."

We took note of it earlier this year. It's pretty remarkable. It's also devastating to courts that gambled on attracting trolls.

Now, what about Europe? Data indicates that patent trolls are definitely on the rise in the EU, especially in Germany. This is exactly what Team UPC wants as many of the pertinent firms work for patent trolls, many of which aren't even European.

Yesterday we stumbled upon not one but several misleading news articles and blog posts. Here's a short roundup. "Guest contributor" (anonymous person who could just as well be a PR agent of the EPO) wrote this nonsense in a so-called 'news' site called "EU Reporter" (little but a marketing site). It's like an EPO press release (almost). Who's behind it?

Kluwer Patent blogger (probably Bristows) has meanwhile published "US Food Drug Administration will follow EMA and relocate in Amsterdam". This may sound like a post about EMA, but it then goes on (pivots) to the completely unrelated lies about the UPC. This is what it said yesterday:

Whether the Brexit will lead to a relocation of the central division of the Unified Patent Court (UPC), specialized in life sciences and envisaged for London, is still an open question. Supporters of the Unitary Patent system hope the UK can stay in the system and London can keep its court branch. There has been a lot of debate whether this is possible – and even more about the question whether the UP system is likely survive the Brexit and the German constitutional challenge.

At a conference earlier this week however, Attilio Fontana, governor of the Italian region of Lombardy, made clear that he thinks the London based branch of the UPC central division should be assigned to the city of Milan.

According to the Italian press agency Ansa he said that after losing the EMA to Amsterdam: “Milan and Lombardy are the best place for the location of the patent court. (…) we must not make the same mistakes as happened with the assignment of the EMA. (…) The seat has to be reviewed immediately after the Brexit, and a joint effort is required of the Lombard government, region and municipality. The conditions for the assignment, I believe, are all there.”

Since the Brexit referendum of June 2016, organisations and government officials in Italy have claimed several times (see this post, for instance) the London division of the UPC should go to Milan.


Notice how they pack the two famous lies (that UPC is about to start and the UK can join with it only being a question/matter of time). It would not at all surprise us if Bristows wrote the above, exploiting the EMA news to interject these lies (repetition).

We've just noticed similar talking points from Morrison & Foerster LLP's Alistair Maughan, Wolfgang Schoenig, Sana Ashcroft, Robert Grohmann and Jana Fuchs and this from Herbert Smith Freehills LLP's Sebastian Moore, Sara Balice and Martina Maffei. They published something titled "Italy Moves the Unitary Patent a Step Closer" to give the completely false illusion (delusion) that UPC is coming. Never mind if 'unitary' patents were never enshrined/granted and whether Italy can at all do anything when Germany refuses to ratify (Germany is far more important to this than Italy).

As it stands, there's no "agreement between the UK and EU27", only a proposed one that will likely get rejected anyway, but watch what "Cambridge Network" published yesterday. It let a bunch of litigation firms lie about the UPC e.g. "retaining the UK in the Unitary Patent Court" (retaining something which does not exist and will never exist?).

Here's the relevant part:

The document on the intended future economic relationship contains a single point on Intellectual Property: “Protection and enforcement of intellectual property rights beyond multilateral treaties to stimulate innovation, creativity and economic activity”. The meaning of this point is not clear, but could refer to retaining the UK in the Unitary Patent Court (‘enforcement beyond multilateral treaties’) and extending the reach of the EUIPO post-Brexit to the UK (‘protection beyond multilateral treaties’). This will be something to watch closely.


We understand that people who make a living from litigation want lots and lots of patent lawsuits. We totally get that. But at whose expense? Europe needs to find the balance between patents and innovation; overpatenting demonstrably harm innovation. UPC is all about overpatenting (so as to spur more lawsuits).

Recent Techrights' Posts

thenextweb.com (TNW) Appears to Have Become a Slopfarm, Fake Articles About France and GNU/Linux Flood the Web
If you're not against slop, you're part of the problem
Almost 3 Days Later, Still Zero Press Coverage (Except One Publisher) About Mass Layoffs at Red Hat, Almost 500 People Laid Off (Over 400 for Sure)
"A document posted by FOSS advocacy site Techrights appears to be that memo and explains that Red Hat has devised a location strategy under which it has identified key sites for prioritized hiring and strategic workforce investment."
The Register MS, About 6 Million Pounds in Debt, Helps Promote Microsoft's Gartner Group and Prop Up the Ponzi Scheme of Slop Plagiarism, Fake Article Mentions "AI" About 20 Times
What was now known as The Register UK not only works against the interests of the UK; it works for charlatans and frauds
 
Links 11/04/2026: Scam Altman’s Trust Issues at OpenAI and EFF Quitting Twitter
Links for the day
Links 11/04/2026: Twitter Presence Considered Harmful to News Sites, "The Future of Everything is Lies"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 10, 2026
IRC logs for Friday, April 10, 2026
Three Years Ago We Disconnected From the United States, Now France Does the Same
Maybe in the coming months France will recruit loads of UNIX/Linux specialists
While Thousands of EPO Workers Are on Strike the President of the EPO, Who Bribes His Voters, Gives Himself Millions of Euros and 5,000 Euros Per Month in Housing Allowance
Campinos is immune, inherently corrupt, and habitual briber of his 'voters'
IBM and Red Hat Whistleblowers Versus a Dying Fourth Estate (Journalism Seems to Have Died as Silently as IBM RAs Go)
What a crazy world we live in!
Slopfarms We Forget About Because They Silently Die
The hard reality (for slobs and sloppers) is, slopfarms have no future
Gemini Links 10/04/2026: Flexiveganism, What Happened to Twitter, and Algorithm Fetishes
Links for the day
Links 10/04/2026: Indonesia's Social Control Media Bans Extend to Google YouTube, "I.M.F. Says Iran War Will Drag Global Growth Lower"
Links for the day
Media Blackout Regarding Mass Layoffs at Red Hat
To be very clear, what happened is certainly real
IBM 'Value' Fell 20%, The Executives Took Bonuses and Bonus Hikes
IBM is paying more and more money to the executives
SLAPP Censorship - Part 42 Out of 200: Getting the Very Basic Technical Concepts Very Wrong, or Where Miscomprehension Begets "Plausible Deniability"
It's difficult to argue with people over things that they do not even understand
This Coming Weekend and Next Week We'll Cover EPO Scandals a Lot, There Are Still Perpetual Strikes That the Media Intentionally Avoids Covering
Expect our focus on EPO corruption to grow again
More Information on IBM Red Hat Layoffs in April 2026, Hundreds of Skilled GNU/Linux Engineers Laid Off (300+ Simultaneously)
How long can the corporate media ignore IBM layoffs for?
Raw: Extensive Evidence of Red Hat's Mass Layoffs in China (IBM Meets Geopolitics)
This has nothing to do with workers' performance
We'll Never Ever Do Social Control Media, Nate Silver's Article Helps Explain Why
If you want to research and publish, stay away from it
SLAPP Censorship - Part 41 Out of 200: More Misuse of UK-GDPR (for US Citizens), More Copy-Pasting for Garrett and Graveley, Alleging That Publishing Unflattering Information is a 'Privacy' Issue
No wonder his own colleagues thought poorly of him (the junior barrister)
Links 10/04/2026: Pseudoscience and "Amazon Pulls Support for Perfectly Fine Older Kindles" and More Attacks on American Journalism
Links for the day
Dr. Andy Farnell Blasts Misuse of the Term "AI" to Describe Plagiarism, Plunder, and Misinformation
Dr. Stallman wrote about it back in the early 1980s
A Sign of Progress?
We'll solve war hunger and colonise Mars soon, according to men who never graduated from College
The Slop Delusion: This Morning We Broke Story on Red Hat Layoffs in Two Posts, Google is Already Plagiarising Them With Slop and Getting the Basic Facts Wrong
Google does not have "AI"; it has slop, which means it scrapes other people's work, then imitates it poorly
"IBM is Constantly Laying Off People" (Not Just in Red Hat)
IBM as a company is collapsing
Many Layoffs at IBM Red Hat, as the Rumours Said
Red Hat mass layoffs [...] "this was a difficult decision to make."
Microsoft, Drowning in Net Debt, Will Make Many More Cuts
The company is a net negative to society
April 15: Richard Stallman to Speak at the University of Texas in Austin, Texas
Next Wednesday in the afternoon Dr. Stallman will speak in a US college for the second time this year and for the second time in nearly 8 years
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 09, 2026
IRC logs for Thursday, April 09, 2026
Gemini Links 10/04/2026: Cycling, Slop, and Software to Keep Photos Organised
Links for the day
Henry Abbott (TrueHoop) Says Microsoft Taken Public by Alvin Bernard "Buzzy" Krongard (in New Interview About Jeffrey Epstein)
He has claimed that the man who took Microsoft public was a banker and also connected to the CIA (former Executive Director)
Quick Roundup of "Linux" Slop
Today we saw a slopfarm again in Google News
Links 09/04/2026: Microsoft Attacking VeraCrypt and "Canada’s New Surveillance Law"
Links for the day
Gemini Links 09/04/2026: Shopping, LLMs That Ruin the Net, and Moving to GNU/Linux
Links for the day
Links 09/04/2026: TikTok Sets Up Another Outpost in Finland (EU), "Trump Attacks On Public Media Blocked by Judge"
Links for the day
Microsoft's DevDiv Executive Has Quit (Is GitHub on the Chopping Block?)
CodePlex all over again?
Chatbots (or LLMs) Are Killing Us, and We Ought to Talk About It
We need to talk (to each other, not to bots)
Microsoft Also Fires Senior Executives
Microsoft is a very feeble company pretending to be a giant
Microsoft Windows in Ireland: From 90% to Just 16%
When it comes to Ireland's Web usage, not much of it is from Windows anymore
SLAPP Censorship - Part 40 Out of 200: Putting Forth Frivolous Claim Only a Few Days Before Running Out of Time (12 Months)
my response to a frivolous claim from Graveley
IBM Layoffs by Performance Improvement Plan (PIP) and More Evidence of Layoffs at HashiCorp After IBM Took Over
Notice how the media does not cover IBM layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 08, 2026
IRC logs for Wednesday, April 08, 2026
Gemini Links 09/04/2026: On the Radio, Boogie Notes, Slop in Search Engines and USENET
Links for the day