Bonum Certa Men Certa

European Patents Are Eventually Being Revoked. But at Great Expense to Everyone Except Law Firms.

14 lawyers (yes, fourteen of them in just one patent case). How much is that per hour? For how many hours? Days? Weeks? Months? Patent maximalism sure suits legions of lawyers who are collectively paid thousands of dollars per hour to clean up the mess they create and lobby for.

EP2724461B1



Summary: European Patent EP2724461 is revoked; but the cost of this chaos, which included an invalid embargo, could well be measured in billions, not millions

DECLINE in European patent quality is not a myth. It's not subjective. There are suppressed findings from inside the European Patent Office (EPO) itself, ones that SUEPO spoke about. Is the EPO imitating the U.S. Patent and Trademark Office (USPTO)? Maybe China? The sure thing is, software patents are still being promoted by António Campinos in defiance of courts, of the EPC, of European authorities and even of common sense. 35 U.S.C. €§ 101 in the US greatly impacts (limits) patents on life, nature, and mathematics. Europe has similar limitations, but the EPO intentionally ignores these limitations, all in the name of litigation.



"Why are such patents even being granted in the first place?"Daniel Law's Gustavo Sartori Guimarães has just mentioned growing backlog in Brazil (with poor English). "One of the [complaints] about [the] Brazilian patent system has been the time it takes for [sic] obtaining patent protection [sic] or, in other words, the backlog," he said. He then cited the EPO, which just massively lowered quality of examination and granted loads of bogus/dubious patents. Hurrying up a process (PACE, PPH etc.) at the expense of precision yields truly dangerous results. But those who profit from litigation do not mind. They profit from this danger. A patent maximalism (and litigation) think tank Managing IP has just posted this timely reminder of it. Its headline says "Fintech patenting stokes litigation fears"; it keeps pushing this propaganda term, Fintech, for software patents. It's a Trojan horse for fake patents or their acceleration, notably in Singapore's IPOS (expedited examination of anything "Fintech"). Meanwhile, as recently as Friday, the EPO brought up "SDV" (a buzzword du jour). Computer vision, i.e. software, is at stake here. Any patents on computer vision would basically be patents on mathematics. This is what the EPO said (for the first time in about a month): "We had a look at the trends in European #patent applications for one of today’s emerging technologies: self-driving vehicles."

So they searched for some words and then, based on these words, classified a whole bunch of patents "SDV". How 'trendy'...

The same is being done with "AI", "blockchain", "4IR" and so on...

Why are such patents even being granted in the first place?

Barker Brettell LLP's Oliver Pooley and Toby Gosnall have just published this self-promotional 'article' titled "What is technical?"

The EPO is intentionally asking the wrong questions, e.g. "What is technical?" instead of "What is abstract?"

Sometimes they use the term "technical effect" or resort to using terms that make the abstract sound physical (e.g. "CII").

This problem isn't entirely new and it arguably predates even Battistelli. Over a decade ago a bunch of people including Florian Müller, Benjamin Henrion and Jan Wildeboer protested against it. We'll come to them in a moment.

Just before the weekend Müller visited the EPO. He used the visit to follow and report on a case of Apple, Intel, and Qualcomm. In Twitter he wrote [1, 2, 3, 4, 5]: "The EPO opposition chamber just denied a new ground of opposition. No opinion stated yet on how the panel views the other grounds. The written preliminary opinion of November 2018 was that the patent wasn’t invalid, yet said some questions (obviousness-related) to be discussed. [...] At EPO opposition hearing regarding EP2724461, #Qualcomm’s Munich fake injunction #patent. #Apple and #Intel still fighting against it. A total of 14 (!) lawyers here, including at least one $QCOM in-house counsel from the U.S. whom I also saw at the FTC trial in January. [...] Claim 1 of #Qualcomm‘s Munich fake injunction #patent EP2724461 is dead! EPO opposition panel decides: not inventive. $QCOM So #Apple and #Intel are on the winning track. QCOM will now try amended (narrowed) claims. [...] The EPO just rejected #Qualcomm‘s first amended version of its Munich fake injunction patent EP2724461. The #patent has now been formally revoked even taking into account $QCOM‘s amendments. Victory for #Apple and #Intel. QCOM can appeal to EPO TBA. [...] So #Qualcomm‘s week has been terrible. First that yuuuge San Jose ruling and today they lost a European patent that Apple and Intel challenged."

As is typical these days, he later turned these fast and loose tweets into a blog post, which said: [via]

On the legal front, this week was the worst ever for Qualcomm in its corporate history, due to the FTC's sweeping victory in the Northern District of California on Tuesday shortly before midnight Pacific Time. Today, Friday, Qualcomm suffered another defeat--less impactful than the other one, yet significant: a three-examiner panel of the Opposition Division of the European Patent Office (EPO) sided with Apple and Intel by revoking, as requested by those two Silicon Valley companies, European Patent EP2724461 on a low-voltage power-efficient envelope tracker, a patent that Qualcomm temporarily enforced to prevent Apple from selling the iPhone 7 and iPhone 8 (and the iPhone X, but Apple was no longer offering it anyway) in Germany, an attempt to put pressure on Apple for which Qualcomm had to make a $1.5 billion deposit.

Quite apparently, the recent Apple-Qualcomm settlement agreement, which resulted in the dismissal with prejudice of all infringement and antitrust/contract actions around the globe, did not and does not preclude Apple from continuing to challenge the validity of Qualcomm's EP'461 patent, which I just call the "Munich fake injunction patent" alluding to its enforcement history. (This is not the time and place to speculate on whether that agreement will have to be renegotiated; suffice it to say that a hedge fund manager with formal legal training said, as a guest speaker on a Susquehanna International Group conference call yesterday, that he couldn't find anything in the redacted version of the agreement that would suggest it couldn't possibly happen, and he explained why it's actually even hard to imagine that even the most creatively-crafted clause in the agreement could deprive Apple of whatever rights it might have as a beneficiary of the FTC case.)

On Tuesday, I was first to report and comment on Judge Lucy H. Koh's antitrust ruling; today I was the only third-party person in meeting room 128 of the EPO's main building in Munich. Qualcomm had dispatched a team of eight: four Quinn Emanuel lawyers (led by two partners: lead counsel Dr. Marcus Grosch and recently-named partner Jérôme Kommer), a German professor who served as their expert witness, and three Qualcomm employees from San Diego. Apple and Intel were represented by four patent attorneys from Samson & Partner (including the name partner himself, Dr. Wolfgang Lippich, Dr. Georg Jacoby, and Dr. Martin Vetter) as well as--in an advisory, non-pleading capacity today--Freshfields Bruckhaus Deringer partner Prince Wolrad of Waldeck and Pyrmont and principal associate Dr. Eva-Maria Herring, credited for numerous key court filings such as Apple's answers to several Qualcomm complaints.

Such a rock-star lineup on both sides--14 professionals in total--shows that today's hearing was hugely more important than one might have thought in light of the recent Apple-Qualcomm settlement as well as the Munich Higher Regional Court's decision to lift, pending the appeal (which was subsequently mooted by the settlement), the lower court's injunction because it came down for all the wrong reasons.

[...]

I also wish to thank the EPO's press office for their support, despite the fact that there were times when I was an enemy of the EPOnia state, though I have for several years now refrained from commenting on their internal matters. Today a highly competent and dedicated panel did some world-class work.


"I am still not allowed to enter the EPO premises in Munich after Pompidou put me on the blacklist back in 2004. I still see that as a badge of honour," Wildeboer replied to it. Wildeboer works for Red Hat now, so Müller responded with: "That's going to change soon as IBM is one of the EPO's biggest customers. They'll roll out a red carpet for all IBMers including you. For me it's a different situation. I stand by my past criticism of the EPO, never retracted a thing, but there really are some good people there."

Henrion said: "I want get mine [own ban] too! How do I proceed?"

"Techrights has been blocked in all parts of the EPO since 2014," I told them. "For merely talking about their internal affairs. EPO is unscientific and intolerant/resistant to truth."

Separately I said that the EPO meanwhile offers an award to Qualcomm for bogus software patents (invalid as per the EPC). Had EPO examiners been given enough time to research and study applications, this mess (as noted above) would rarely come about. What was the corporate and the societal cost of this wrong/false/erroneous embargo? Injustice isn't cheap, unless you're a lawyer (more time in court to bicker among one another).

Recent Techrights' Posts

It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
SLAPP Censorship - Part 168 Out of 200: When Choosing Clients Recklessly and Poorly Self-Harm is Inevitable
"If you're doing something hard and nobody hates it, you probably aren't doing it. If the right people hate it and those people happen to be some of the worst people alive, so much the better."
 
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026
FSF Staff Uses 'CoC' to Stop Conversation About Autistici/Inventati in Relation to Free Software
The list is already heavily moderated
IBM Allegedly Stopped Hiring (This Tends to Coincide With Mass Layoffs)
Is a hiring freeze an echo of layoffs? Yes, definitely.
Something Big is Happening at IBM This Week/Month
Some people at IBM (and Red Hat) are panicking
Gemini Links 01/09/2026: Biscuits, Epstein Files, Power Users, and Alhena 5.6.8
Links for the day
Links 01/09/2026: Almost 5,000 Missing/Dead in Nepal-China Flood and Marijuana Factory Explodes
Links for the day
September at IBM: Silent Layoffs on Day 1
PIPocalypse at IBM
Last Month IRC Entered Its 39th Year and It's Still Growing (New IRC Networks)
There are 511+ known IRC networks
Links 01/09/2026: Climate, Disinformation, Microsoft Overworking People
Links for the day
Richard Stallman's Site Still Offline (Third Day), But Richard Stallman is Active Online
he is busy online despite his site not being accessible so far this week
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day