Bonum Certa Men Certa

More 'Fake News' About Unified Patent Court (UPC) and Battistelli's CEIPI Emerges as a Booster

Attacks judges. Wants to be head of a major court.



Summary: The Unitary Patent or Unified Patent Court (UPC) is still promoted by the cabal of law firms (litigation giants) we've dubbed "Team UPC" and now they're joined by a law school headed by a criminal

THERE'S a book chapter coming about the fall of the UPC -- something we might participate in (we've been invited to). It's rather revealing that the European Patent Office (EPO) hardly ever mentions the UPC anymore. As for António Campinos, we can't even recall the last time he spoke about it (maybe 2018). Sure, he's still promoting software patents in Europe, but the 'unitary' aspects of European Patents are never mentioned any longer.



"If judged from the optics of 200 euros per hour, several law firms have already invested millions of euros (each!) in this 'pet' project of theirs."Team UPC is another matter. Unlike the EPO, it spent a fortune (assuming time is money) trying to make it a reality. If judged from the optics of 200 euros per hour, several law firms have already invested millions of euros (each!) in this 'pet' project of theirs. It's almost understandable that they refuse to let go.

Yesterday we saw Rachel Montagnon (Herbert Smith Freehills) with another loaded and very misleading headline ("Ratification Of The UPC Agreement In Sight? German Constitutional Decision Likely Early In 2020"). We've stumbled upon a few more like these in the sites of law firms; no need to mention these as some of them are old (start of December). What they basically try to tell us is "UPC is coming!"

"The UPC has meanwhile come under scrutiny in more nations. It's illegal and unconstitutional. It's the outcome of lobbying and corruption."Well, haven't we all heard that before? Team UPC is very good at lying and paying fees to foist these lies onto politicians who don't know better. To quote Montagnon (what's outside the paywall anyway): "As those with an interest in patents will be aware, the Unified Patent Court is still not a reality. The final ratification of the Unified Patent Court Agreement ("UPCA") required for the agreement to come into effect, is that of Germany (over 13 states having ratified including the UK and France, which, along with Germany, were the three states which were required to have ratified along with at least ten months..."

The rest is behind a paywall, but there's another new piece from Montagnon and her colleagues.

Andrew Moir, Rachel Montagnon, Sebastian Moore, Alexandra Neri, Mark Shillito and Joel Smith (Herbert Smith Freehills) should know better. They are well aware that the UPC faces a lot more barriers than these which they mention (Brexit and FCC). The UPC has meanwhile come under scrutiny in more nations. It's illegal and unconstitutional. It's the outcome of lobbying and corruption. But here's what Herbert Smith Freehills tell us:

As those with an interest in patents will be aware, the Unified Patent Court is still not a reality. The final ratification of the Unified Patent Court Agreement ("UPCA") required for the agreement to come into effect, is that of Germany (over 13 states having ratified including the UK and France, which, along with Germany, were the three states which were required to have ratified along with at least ten more, before the UPCA could come into force – see here for ratification details). Without the UPC established to enforce them, unitary patents cannot be granted. Germany's ratification has yet to be received.

The outcome is still awaited of the constitutional case objecting to a ratification of the UPCA by Germany, which was listed to be decided in 2019. In a recent interview, Judge Huber of the German Federal Constitutional Court (which is the court due to decide the case) denied that the delay had anything to do with Brexit, rather that other important cases were also waiting to be decided and took precedence. He suggested that the case might be decided in the early part of 2020.


The German Federal Constitutional Court has since then distanced itself from these statements. It's not appropriate for a German Federal Constitutional Court judge (Justice) to be talking to a Team UPC pressure group. Nevertheless, what he said continues to be leveraged for propaganda purposes; Team UPC has already made up its mind and its blogs pretend that UPC is coming "REAL SOON NOW!" (not exact quote, but so implies/says the person whose career involved lying about the UPC for years).

"What a bunch of fakers and charlatans. The fact that JUVE participates in these campaigns says a lot about JUVE and its declining integrity."These people have been telling us for at least 13 years that UPC was just around the corner and now they tweet about it in Bristows, in Kluwer and in the UPC Digital Team, linking either to this Bristows piece from Dominic Adair (citing 'UPC HQ') or "Kluwer Patent blogger" (probably Bristows as well, albeit masked). Bristows says: "The Unified Patent Court (UPC) Preparatory Committee has published today a message from its Chairman, Alexander Ramsay. [...] Regarding IT work, the case management system is ready for the sunrise period (during which opt-outs may be registered) and now the focus will be on review and improvement of the UPC website."

But... there's no UPC. They already admitted to the media that they fake progress to keep the false impression of momentum. What does the original from Ramsay even say? What's the substance of it? Nothing. That JUVE propaganda with a misleading headline. To quote: "Now to the future. I recently gave an interview to Juve [https://www.juve-patent.com/news-and-stories/people-and-business/the-upc... about my forecast for 2020 and beyond. I will continue to work toward a solution and I know I have the best possible team to help me do that."

What a bunch of fakers and charlatans. The fact that JUVE participates in these campaigns says a lot about JUVE and its declining integrity.

As MaxDrei said in the comments yesterday:

People like to spout the line “Where there’s a will, there’s a way” as if it is the self-evident truth. But it isn’t. Recent history proves that. For politicians knowingly to lead the voters on, in such beliefs, is to betray them.

Examples? First, the notion of a friction-free, formalities-free land border between EU Member State Ireland and a non-EU Member State UK. That was flagged up by the experts, even before the UK referendum, as THE insoluble problem of BREXIT and, guess what, despite all the hot air and Johnsonian bluster, it is still just that. The only solution is to cleave NI off from the UK Union.

Second, the notion of an EPLA that includes a non-EU Member State, a UK with an ever-fiercer mindset, bent on breaking away from the EU so as to “take back control”. Is that the sort of thing they mean when they utter the words “No Brainer?” The country of my birth is more and more painful to observe.

Readers will surely be able to supply other examples.


We've meanwhile also noted that CEIPI is promoting the UPC. CEIPI is run by corrupt Battistelli, who belongs in prison, not in a law school. And he wants to be chief of UPC (which won't exist), or so said rumours repeatedly.

This is what CEIPI tweeted some days ago:

[SAVE THE DATE]

Enrolment is open for the 2020 edition of the #Training Program on the #UnifiedPatentCourt.

It will take place in Strasbourg on March 13-14 & April 17-18.

For a draft program, enrolment and further info see: https://bit.ly/2M2wdFU


EPO watchers have meanwhile also taken note of this news about a chairman getting jailed on union-busting charges. Battistelli should take note; we don't suppose he'll be facing a raid at CEIPI and arrested for these crimes and much worse crimes, which he committed at the EPO. It's rather amazing that such a thug and a criminal was permitted to run a law school. Moreover, he wants to manage courts? After all he has done to abuse and bully judges?

"The UPC will go down with the sunset, but we don't expect that to be the end of this saga. Some time later the sun will re-emerge from the other side, possibly with a new name and a new marketing strategy..."Quite frankly, it's pretty unthinkable that independent judges will permit the UPCA to carry on. Seeing what happened and continues to happen at the EPO, these judges should recommend that immunity be stripped and managers put on trial. It's well overdue (at least half a decade).

The UPC will go down with the sunset, but we don't expect that to be the end of this saga. Some time later the sun will re-emerge from the other side, possibly with a new name and a new marketing strategy (maybe they can call it "AMAZING PATENT SYSTEM" or "ULTIMATE PATENT COURT" or "INNOVATION FIRST COURT SYSTEM").

"With or without these amendments, there's still no indication that the UPC will resurface any time soon, especially after the election outcome we had in the UK last week. Notice how Team UPC isn't even talking about the ramifications, which are profound.""I think it's pretty clear they will reopen the negotiations," one person told us, "but I ask you to keep that secret for now because the patent community will try to say "just replace UK by Italy" and nothing more..."

Well, they've already been saying that for years, so what's the point keeping it a secret? It's not like it'll give them any ideas they haven't already had. "We need to get the CJEU back on the table with am6-8," the person said, "so that the last word over software patents is within the CJEU, and not within those captive patent courts."

With or without these amendments, there's still no indication that the UPC will resurface any time soon, especially after the election outcome we had in the UK last week. Notice how Team UPC isn't even talking about the ramifications, which are profound.

Recent Techrights' Posts

Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders
Gemini Links 25/10/2025: Portugal, Midnightpub, and "Tech Right Admins"
Links for the day
Almost 2026 Already (When We Turn Twenty)
In just over a year the site will turn 20
When "Sponsored Feature" in The Register MS Means Ponzi Scheme Promotion From the Communist Party of China (CPC)
the promotion of a financial scam
Week of EPO Leaks: Workers of the EPO Are Getting a Pay Cut While Prices Rise Fast
More to come in the next few days
Microsoft is Finally Giving Up on XBox, The Chief Says the Grapes Are Sour Anyway
Microsoft loses hundreds of dollars on each XBox that it sells
Slopwatch: LinuxSecurity, UbuntuPIT, and Various Slopfarms Propped up by Google News
Why can't Google News do better than this?
Links 25/10/2025: Two New Smokescreens for Scam Altman and ‘TikTok USA’ Remains in Limbo
Links for the day
Bad faith: can't change Debian Social Contract (DSC) without unanimous consent of every joint author
Reprinted with permission from Daniel Pocock
Confirmed: Very Close Friend of Bill Gates and Microsoft's Biggest Patent Troll Nathan Myhrvold Flew the Lolita Express (a Gateway to Pedophilia), According to Bill Gates-Sponsored Seattle Times
There is no speculation or any "conspiracy theories" here;' those are verified facts
Gemini Links 25/10/2025: "The Highest Leader of The Global Civil Society Community", SSL Certificates Causing Bitrot
Links for the day
Links 25/10/2025: Target Layoffs and "Shutdown Sparks 85% Increase in US Government Cyberattacks"
Links for the day
"Big Data" Was a Big Lie
Remember "Big Data"? Remember "Data Scientists"...?
statCounter Has Been Broken for a Long Time
Considering the huge proportion of Web requests that come from LLM bots (more so this past year or two), statCounter may struggle to justify the operating costs
Techrights Anniversary Party on November 7th
Let us know if you need any accommodation-related arrangements
Trends That Must Alarm Microsoft and Mozilla
Expect Firefox to no longer be supported by various sites in the US
Why Microsoft Became the Layoffs Leader
The corporate media is projecting or signalling its own dishonesty when it tells us that Microsoft is a very "valuable" company while the data shows Microsoft is also a "market leader" in layoffs
Speaking for Ourselves and Letting the Facts Speak for Themselves
we've already published over 50,000 pages
For Second Time in a Day The Register MS Takes Money From Private Companies to Sell a Ponzi Scheme
Do not have empathy for those who have zero empathy towards you
IBM is Misleading IBM Shareholders
IBM is still all about vapourware and buzzwords
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 24, 2025
IRC logs for Friday, October 24, 2025
The Serial Slopper Starts Up - or Restarts - His Plagiarism Machine (LLMs)
Serial Sloppers like these don't belong in news sites. That's why he got sacked by BetaNews.
Links 24/10/2025: Esperanto Music History, Anxiety, and New Portals
Links for the day
[Video] Richard Stallman's Talk in Sweden, Attended by Nearly 700 People, is Now Online
The Web page is in Swedish, but the talk is in English
Slopwatch: LinuxSecurity.com, Linux Journal, and Pet Slopfarms of Google News
Why does Google News still advance these fake sites to the top of search results?
Links 24/10/2025: Inequality Grows, Billion-Dollar Scam Center Industry
Links for the day
Links 24/10/2025: "Independent Media in Cambodia is Collapsing" and Serious F5 Breach
Links for the day
Coping With the Site Going More Mainstream
Fame is no laughing matter
They Never 'Put Down' Corporations
There are "pests" that are traded in Wall Street
21 Pages in Less Than 7 Hours is No Joking Matter
We've become a lot more effective and efficient
Correct Information is a Valued Asset in the Age of Slopfarms and Public Relations (PR) or Spin
Publishing suppressed facts is never easy
The Register MS Continues to Bag Money to Promote a Ponzi Scheme, Even Money From China
Today in the front page
analytics.usa.gov: The Only Supported Version of Windows (This Past Week) is Only Used by About 13.9% of People in the US, the Home Base of Windows
Even Vista 7 is still used more
Rust is Very Secure
If only Rust itself is secure
Who Will be Held Accountable for Breaking Ubuntu by Imposing Rust on Otherwise-Functional Programs, in Effect Replacing GNU With Proprietary Microsoft (GitHub)?
they're practical people who merely point out that a bunch of buffoons not only ruin Ubuntu but also every future distro based on Ubuntu
Generation Chaff - Phase VIII: In Summary
Like "Science" with a capital "S", what we see here commercial interests usurping everything
Generation Chaff - Phase VII: Curtailing Alternative Media
There was always an obligation - a collective duty of sorts - to uphold independent journalism
Generation Chaff - Phase VI: Centralisation of Information (X, Cheetok/Fentanylware)
Would you trust information when controlled by such people?
Generation Chaff - Phase V: Censorship of Dissent (Painted as Harassment or Terrorism)
Censorship is all around us now
Generation Chaff - Phase IV: Apps Only Few Companies Decide On
Tools are being collectively confiscated, under the premise or false prospect of "security"
Generation Chaff - Phase III: Slop and Plagiarism
A lot of the current so-called 'economy' is built upon false valuations
Generation Chaff - Phase II: "Cloud", Blockchains and Other Hype
For those of us who turned down those propositions there was a struggle; we needed to justify not having skinnerboxes or "social" accounts in some site run by a private company
Generation Chaff - Phase I: Social Control Media
IRC predates the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 23, 2025
IRC logs for Thursday, October 23, 2025
More Clues Shed on Collapse of Microsoft XBox
XBox is basically circling down the drain as Microsoft implements 2-3 waves of layoffs each month
'Vibe Coding' Doesn't Work
In a lot of ways, so-called 'Vibe Coding' is already considered vapourware or a passing fad promoted in the media by managers who try to justify mass layoffs, especially ridding companies of "very expensive" software engineers
Links 24/10/2025: Microsoft's Killing of XBox Connected to Revenue/Profit Problems, "How Elon Musk Ruined Twitter"
Links for the day
Gemini Links 24/10/2025: 86,400 Seconds and "Society's Task"
Links for the day