Bonum Certa Men Certa

D Young & Co LLP Spreading Team UPC Talking Points

Talking among themselves, lying to reinforce illusions

Talking sheep



Summary: Law firms just cannot get themselves to openly admit that the fate of the Unified Patent Court (UPC) is very grim; instead they mislead potential clients and discredit themselves (to save face in the short term)

THE previous post mentioned some of the latest patent maximalism of D Young & Co LLP, whose staff published and promoted loads of stuff the day before Christmas Eve. A couple of articles that caught our attention didn't sweeten the holiday because it was a pile or 'document dump' of nonsense. Promoted in Lexology was this article which is a load of lies -- the famous two lies -- from Team UPC boosters of D Young & Co LLP, or Rachel Bateman in this case. It fabricates 'facts' to make it seem like UPC has actual progress. It's only them who perpetuate this lie about the UPC, but it's as dead as last year. To quote some bits:



After months of silence on the Unified Patent Court (UPC) and unitary patent (UP), we have seen some interesting news and developments in recent weeks.

[...]

More likely is that the UK will leave the EU, and there will then need to be a decision on whether the UPC and UP can come into effect when/if Germany ratifies. The European Parliament analysis explains how the UPCA will need to be amended (and approved by all parties) to remove the mention of one of the UPC Central Divisions being in London, but if the UK voluntarily withdraws from the agreement, it could be possible for the UPC and UP to come into effect because the three remaining member states with the highest number of patents (France, Germany, and The Netherlands) would have ratified.


A lot of this seems to be based on some interview with a person whose job is -- by his own admission -- promoting the fiction of progress. And then there's this: "The second development relates to the German constitutional challenge. On 20 November 2019, the judge overseeing this challenge denied any rumours that the court has been delaying the decision until the outcome of Brexit is clear. The judge also confirmed that he intends to decide the case in the first quarter of 2020. Given that Brexit is currently scheduled for the end of January 2020, the start of 2020 should be an interesting one for those awaiting more information on the UPC and UP."

Well, other judges (or Justices) have not spoken about it and the court itself sought to distance itself from that statement [1, 2, 3]. If anything, UPC 'success' probability only decreased this year because of the British election. They don't fancy talking about that, do they?

Bateman's colleague, D Young & Co LLP's Laura Jennings, has meanwhile added to this misinformation in Lexology and her original. The last paragraph here rehashes old lies from Team UPC or is basically lobbying based upon lies. The UPC is dead, but watch what she says:

If the Unified Patent Court (UPC) comes into force, it will hear cases relating to European patents and SPCs, and unitary patents (UPs). In the event that the UPC comes into force and the UK needs to withdraw from the UPC and the unitary patent, UK and EU businesses will be able to use the UPC and unitary patents to protect inventions in the EU. Accordingly, UK businesses will also be open to litigation within the UPC based on their actions in the EU. However, UK and EU businesses would not be able to use the UPC and unitary patents to protect inventions in the UK. Instead, they must use national rights obtained via the UKIPO or the EPO.


That's complete and utter nonsense. If the UK leaves the EU, then that dooms the UPC in any form. It's really that simple and working to 'ameliorate' or reduce the damage means directly and probably consciously lying. Well, these people are lawyers, not judges, rights? Their job is to serve clients, not justice.

Recent Techrights' Posts

Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
 
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025