Bonum Certa Men Certa

Justice Peter Huber of the German Federal Constitutional Court (FCC) Calls 'Bullshit' a Rumour Nobody Really Spreads



Why are judges even speaking to Team UPC?! They're lobbying by picking on judges and spreading falsehoods.

Justice Peter Huber of the German Federal Constitutional Court



Summary: A sort of 'trial by media' (by Team UPC) compromises the integrity of the case (constitutional complaint) and can be interpreted as judges succumbing to lobbying/pressure from those who conspire to violate many constitutions across Europe for personal/financial gain

P

ROVOCATION tactics seem to have worked for Team UPC, which together with Campinos and Battistelli at the European Patent Office (EPO) lobby hard for the UPC in the open and behind the scenes.

We previously took note of the "Attack on the Independence of the European Judges (Which Had) Apparently Expanded to the German Constitutional Court (Bundesverfassungsgericht/FCC)" (taking note of a conflict of interest at the FCC).

"We previously took note of the "Attack on the Independence of the European Judges [Which Had] Apparently Expanded to the German Constitutional Court..."Why are FCC judges even speaking to Team UPC lobbyists like the litigation 'industry' stenographer Patrick Wingrove? Even Team UPC seems surprised. As one of them put it: "As for journalistic standards, it wd be helpful to be told when & why Prof. Huber agreed to interview (a rare occurrence, though this seems to be limited to the inner workings of the Court) & when, how (including in which language) and by whom it was conducted."

This seemed unnecessary. Managing IP is a longtime UPC lobbying front. It bragged in Twitter: "Breaking: #UPC case to be decided in early 2020. In an exclusive interview, Justice Huber of the German Federal Constitutional Court gives @ManagingIP a timeline for the case and says suggestions that Brexit has stalled the decision are “bullshit”..."

"Why are FCC judges even speaking to Team UPC lobbyists like the litigation 'industry' stenographer Patrick Wingrove?"Why even give them clues?

"Apparently," as one person noted, "no oral hearing foreseen by DE Constitutional Court" (are they rushing this?)

The FCC should not be bullied by Team UPC; they're the major component of this anti-democratic, unconstitutional behaviour. They're the sort of thing this complaint is about. From the said article: "The case holding up the Unified Patent Court will be decided in the first quarter of 2020, according to the judge at the German Federal Constitutional Court who is in charge of the matter."

"The coverage from Team UPC keeps repeating the word "bullshit" (not a decent word for a judge/justice to be using anyway), but who even/ever claimed that Brexit was the cause of this delay?"Further down he's quoted: “I don't want to delay [the decision] but there are some other cases at hand that also have to be dealt with...”

The coverage from Team UPC keeps repeating the word "bullshit" (not a decent word for a judge/justice to be using anyway), but who even/ever claimed that Brexit was the cause of this delay? Certainly not us. It deals with a claim that perhaps nobody even made.

"Kluwer Patent blogger" (likely Bristows) accepts that there's no UPC decision by FCC this year. In 2018 they insisted it would be done by year's end (2018). They're chronic liars. They just hoped to pressure judges. Here's what they wrote some hours ago:

The constitutional complaint holding up the start of the Unified Patent Court will be decided upon in the first quarter of next year. Justice Peter Huber of the German Federal Constitutional Court (FCC), who is overseeing case 2 BvR 739/17, has said this in an exclusive interview with Managing IP.

Huber added that the time frame will depend on the time it takes for him and other judges at the FCC to deliberate on the case. “It is quite a detailed process that we follow because we have to look at every detail of how we formulate and word the [ruling],” he said according to the interview of Managing IP. “But it is likely that we will get along with it.”

In the interview, Huber denied that the FCC has been delaying its decision because of the Brexit. According to Managing IP, he described the allegation as “bullshit”.

[...]

If the complaint is dismissed, this doesn’t necessarily mean Germany will immediately complete the ratification procedure...



Rose Hughes (Team UPC) again plays ball for UPC with some spin. At IP Kat she wrote: "In the interview to Managing-IP, Justice Huber also confirms that he intends to decide the case in the first quarter of next year. Brexit is currently scheduled for the end of January 2020. It may therefore be touch-and-go whether the UPC comes into force (following German ratification) before Brexit. On the other hand, it has also been reported that, even if the constitutional complaint is overcome, the German Parliament may still delay ratification whilst the outcome of Brexit is unclear. Another false rumour?"

The false rumours are Team UPC's. They did that lots of times before.

"The bottom line is, Team UPC seems to be entrapping and pressuring judges into issuing a decision prematurely, based on unrealistic deadlines and before oral statements can be made/heard."IP Kat was also boosting Watchtroll around that same time (this time Lucy Isaev). What has happened to the 'Kats'? Litigation fanatics now? AstraZeneca's legal team?

The bottom line is, Team UPC seems to be entrapping and pressuring judges into issuing a decision prematurely, based on unrealistic deadlines and before oral statements can be made/heard. They also speak to fake press which is actually a pressure group of Team UPC. Follow the money and study their track record.

We can imagine that the complainant will have something to say about that.

Recent Techrights' Posts

Nothing that Microsoft Lunduke claims or says can be trusted
Nothing that Microsoft Lunduke claims of says can be trusted
How Software Patents Were Viewed or Their General Status Changed Over Time
A rough summary
Datamation, Where I Used to Publish Articles, Appears to Have Been Sold to TechnologyAdvice Only to Become a Slopfarm
I'd prefer to not associate with that site anymore
 
Links 04/10/2025: "Privacy Harm Is Harm", Criticism Outlawed in US
Links for the day
Garmin Uses Linux for Some of the Garmin Products, Now It's Sued by Strava Using Software Patents
Software patents should never have been granted in the first place
Richard Stallman Will Give a Talk in Sweden in 6 Days
Dr. Stallman, despite his battle with cancer is still alive and mentally sharp
FSF Turns 40
We'll be focusing on patent-related topics this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 03, 2025
IRC logs for Friday, October 03, 2025
Gemini Links 04/10/2025: Distro Hopping and "Part Time"
Links for the day
We Are Turning 19 in One Month, FSF Turns 40 in 3 Hours (CET)
For our anniversary next month we still have no concrete plans
Patent Docs (or PatentDocs) Learned the Wrong Lessons From the Death of TypePad
Had they gone ahead with an SSG, they'd become a lot more future-proof
USPTO Patent Bubble Already Imploding, After Decades of Artificial Inflation, Entire Offices Close for Good
we can deduce that financial pressures (lack of "demand" for monopolies) play a role
TikTok is Not Harmless (Being CheeTok in the US Will Advance Orange Agenda)
Social control media isn't "fun and games"; it's a digital weapon that lets hostile groups or nations infiltrate others, then turn them against themselves
Andy Farnell and Helen Plews Explain What "Modern" Tech Does to Old People
Imposing terrible tech "religion" on people is not helping them
Tomorrow the Free Software Foundation (FSF) Turns 40 and Its Web Site is Still Slow Due to DDoS by LLM Slop Bots
For an advocacy group, uptime is important (for its message to remain accessible)
Slopwatch: Google News as a Firehose of LLM Slop About "Linux"
Google News is really bad
Links 03/10/2025: "NPR’s Economics Lessons Come With Neoliberal Spin" and Canada Post at Risk
Links for the day
Gemini Links 03/10/2025: Panic Attacks and Food Adulteration
Links for the day
Links 03/10/2025: Lawyers Caught Using LLM Slop Explain Why They Did It, LibreSSL 4.1.1 and 4.0.1 Released
Links for the day
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day