Bonum Certa Men Certa

The UK Supreme Court's Latest Decision is Ammunition for the FCC to Scuttle the Unified Patent Court Agreement (UPCA)

Team UPC is, understandably, going bonkers (feeling unlucky in the face of justice)

A black cat



Summary: The quality of European Patents is appalling enough that no courts would entrust EPO people with something like the Unified Patent Court (UPC); The UK Supreme Court has proven this point yet again and we suppose that the German Constitutional Court (FCC) pays close attention not only to dirty tactics from Team UPC (trying to trick the court into premature decisions, based on fabrications)

THE European Patent Office (EPO) suffered a blow some days ago because its impotent patent on impotence treatment was smashed to pieces at one of Europe's most respected courts, the UK Supreme Court.

"They're both spoiled brats of UPC, who on behalf of large (and international/foreign) pharmaceutical giants try to pass the UPC (ratify UPCA)."Marks & Clerk's Mike Gilbert and Jonathan Stafford wrote about it before the weekend, as did the liars and crooks from Bristows LLP. They're both spoiled brats of UPC, who on behalf of large (and international/foreign) pharmaceutical giants try to pass the UPC (ratify UPCA). We'll say more about that in a moment.

Here is what patent maximalists at Managing IP [sic] wrote about it:

The UK’s highest court yesterday affirmed that a patent licensed from former biotech company Icos to Eli Lilly for the erectile dysfunction (ED) drug Cialis (tadalafil) is invalid.


A couple of new comments have also just appeared at IP Kat [1, 2], another site of patent maximalists. It's about the highest British court finding that EPO granted this bogus patent. "Here is how there is a "reasonable expectation of success"," said the first of those two comments. "When you follow the reasoning, the court decided that when carrying out trials of the drug the skilled person would have investigated the effect of 25mg, 50mg, and 100mg doses. Doing this they would have inevitably found the dosage plateau. They don't need to have expected to find the plateau or have a reasonable expectation they would find it, it was an inevitability that they would find it just by carrying out the routine trials of the drug. Having found the dosage plateau that extends over the 25mg to 100mg range there is then a reasonable expectation that the lower end of the dosage plateau might extend down to 5mg."

Notice that the so-called 'innovation' is to do with dosages. The comment continued: "There is no hindsight in this assessment just a reasonable assessment of how the trials of this, or any other, new drug would have been carried out at the priority date of the patent. Essentially, the dosing patent is just the Applicant applying to protect the inevitable outcome of the clinical trials of the drug because it is different from what was envisaged in the original patent. There is no inventive step.

Why was it even considered patent-eligible? Imagine if something like UPC was tasked or assigned to rule on this...

The second comment said: "I perfectly understand this line of reasoning, but I still can hardly adhere to it. The criterion of "reasonable expectation of success" says what it says: was it expectable for the skilled person to find the identified effect at the time of filing ?"

Why is this even considered an invention? It's more like a recipe? Are cooking recipes next in line? We gave examples to that effect a few days ago.

“Importing the research process into that reasoning is no longer inventive step, because otherwise only new research processes could remain patentable, any finding based on known research processes would simply be obvious to try, whatever the efforts.”
      --Anonymous
"Research," the comment continued, "even being made in clinical trials, remains research, i.e. exploration of the yet unidentified (and unsuggested for inventive step). If the prior art would have suggested that this drug would be active at low doses, I would then have agreed that a motivation would exist to specifically look for the lower dosages. However, even though this exploration was made in standardized clinical trials, this remained research and exploration. Moreover, the inventors have no choice but to carry out this research in clinical trials because it is performed on humans. If the product would not have been a drug, hence would not have required clinical trials, the same dose-effect experiments would have been performed to find out what doses are the most efficient. And, if I follow properly the court's reasoning (and yours), it could then have been considered inventive because there would have been no clue how the inventors had come to this finding in theri research process. For all types of inventions, the more so for inventions in the life science field in which the "resonable expectation of success" principle has been developped, my view is always the same, inventive step does not have to be assessed based on the process how to come to a certain finding, i.e. the invention, but only on the facts available, in particular what the prior art is teaching and what level of skill does the skilled person have. Importing the research process into that reasoning is no longer inventive step, because otherwise only new research processes could remain patentable, any finding based on known research processes would simply be obvious to try, whatever the efforts."

This is similar to the 'Teffgate', where some arbitrary numbers were used to attribute "innovative" aspects to what's in nature (and has been in nature since before humans even existed).

It was very much expected that Team UPC firms (like the above) would condemn or spin or just moan about this decision. Team UPC is a very dishonest bunch which only cares about litigation, not science. Wait and watch their next stunts. They lie a lot.

As an example of their lies, consider this UPC 'book' spin. It's amazing and it's only days old. The FFII's President has already responded to it with: "The complaint is secret, on which basis they gonna discuss?" (the complaint)

"It was very much expected that Team UPC firms (like the above) would condemn or spin or just moan about this decision. Team UPC is a very dishonest bunch which only cares about litigation, not science."Basically, the longtime UPC booster (going by the Twitter handle "UPCtracker") wrote: "Oxford University press and CH Beck have published the legal commentary on the UPC (Tilmann/Plassmann ed.), an event which the German constitutional complainant saw as a bad omen or indicator his UPC complaint could be denied shortly. Case still pending, however."

So we're supposed to think, yet again, that there's a decision coming soon (dismissal). How many times before have they lied along those lines? We've lost count. The tweet (reply) from the FFII's President had us investigating the merit of the statement. It's basically a lie.

In fact, the book in question, namely its German version, has still not been published. Its publisher, C. H. Beck, currently announce it for "approximately May 2019" (see their German Web page). The book mentioned in the said tweet is the English version which is sold by a different publisher (Oxford University Press) and has been on the market since late summer of 2018 (see the same Web site but a different page). Although it has a higher price, it is commercially not as interesting as the German version which will sell in much higher numbers should the UPC become a reality. Either the said UPC advocate does not understand the difference between the two books, which we doubt, or he is acting against his better judgment, trying to spin a story suiting his own interests. Stay classy, Team UPC. Stay vigilant, FCC.

Recent Techrights' Posts

Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
 
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026