06.11.17

Bristows/IP Kat Still Promoting UPC and Patent Trolls, Also Accused of Deleting Comments and “Brown-nosing” Judges to Help Patent Trolls

Posted in Deception, Europe, Patents at 5:24 am by Dr. Roy Schestowitz

Sucking up to a judge who helps patent trolls’ entrance into Britain

Colin Birss

Summary: Bristows LLP spends far too much time infiltrating blogs and media in pursuit of patent trolls’ and UPC agenda, at the expense of integrity of the system and accuracy of information online (some of which it is deleting once it enters the editorial process)

FORGET anything you knew and saw about EPO scandals at IP Kat. As an EPO insider put it the other day: “Bear in mind that IPKat = Bristows mouthpiece as of recently. Both pro UPC !”

We actually wrote quite a few articles (such as this one) on this demise or ‘whoring’ (to the EPO) of IP Kat. It started when the blog’s founder left and accelerated further when “Merpel” (a pseudonym used by several people) simply vanished without a trace.

“It started when the blog’s founder left and accelerated further when “Merpel” (a pseudonym used by several people) simply vanished without a trace.”Bristows, sadly, has infected quite a few blogs other than IP Kat. One other example is Kluwer Patent Blog. Mind tweets such as this one, ignoring some of the latest UPC setbacks and going along with fake news from Bristows (regarding Bristows itself!)…

The following post does not state the name of the poster (maybe Cordery or a colleague from Bristows, in which case they reference themselves as a source with an even more misleading headline that constitutes pure lobbying). To quote a passage:

According to a Bristows report, Belgium, Denmark, France, Finland, Italy, Luxembourg, the Netherlands and Sweden meet these requirements. Also, ‘Germany and the UK have each consented to the Protocol. (…) it appears that other countries (such as Greece, Estonia, Lithuania and Slovenia) may be in a position to enable the Provisional Application Phase to start before the summer break.’

Estonia is mentioned above because Bristows is latching onto Estonia again, in a desperate effort to show signs of life (the UPC is otherwise in a limbo).

IP Kat is killing a decade’s reputation by letting Bristows exploit it like that.”It often seems like Bristows is everywhere when it comes to the UPC and it not only spreads lies but also deletes comments that are not convenient to Bristows, the private firm that betrays its own country. Here are Bristows’ Pat Treacy and Matthew Hunt promoting a case for patent trolls in the UK, found via IAM and via the Microsoft AstroTurfing group called ACT (pretending to represent small companies for about a decade now). Have they no shame?

IP Kat, having been ‘hijacked’ by Bristows (liars and censors), is also doing this. It’s now openly promoting patent trolls using this case. Remember that Bristows has high stakes in the UPC and it promotes patent trolls in the UK for self indulgence. Here it is being accused — in the comments — of “brown-nosing” the judge, Colin Birss. To quote: “You quote Mr Birss eleven times in your post, and he even made it into the title. Looks like brown-nosing to me. No wonder UK judges become big-headed. Really, it is the judgement that counts, not the one who wrote it.”

“Look who’s on the panels: Alan Johnson (Bristows) and Michael Froehlich (EPO).”IP Kat is killing a decade’s reputation by letting Bristows exploit it like that. Some IP Kat writers have apparently already left because of it. UPC proponents certainly love this brainwash from Bristows and Christopher Weber links to it. IP Kat, or whoever is in charge of it these days, has decided to become megaphone to EPO management and Team UPC. “Disgusting” is an understatement. Here, in this two-part series [1, 2] from Eibhlin Vardy (of Stephenson Harwood) we see stacked panels which proclaim to be a discussion of UPC. They are nothing but staged lobbying events and IP Kat should have ignore these. Look who’s on the panels: Alan Johnson (Bristows) and Michael Froehlich (EPO).

Could it get any more insidious?

“As expected, censorship by Bristows et al kicks in again…”Read the fourth comment in the first part (it miraculously manahed survive the culling/censorship). “It would be nice to obtain the views of other people than from Bristows and consorts,” it said. There are many more comments to that effect, e.g. the first one here (in part 2).

As expected, censorship by Bristows et al kicks in again (we have already given several examples of that, as recently as two weeks ago). IP Kat appears to be censoring comments that are hostile towards the UPC, based on the following comment:

Tim – I agree that the missing comments have likely been “lost” for technical reasons. I very much doubt that there is any “selective editing” going on.

The part of the G&P opinion that I am thinking of is at the end of para 59:
“Whilst Article 1 of the UPCA and Article 71a of the Brussels Regulation designate the UPC as a “court common to a number of Member States”, we do not consider that such secondary legislation is capable of converting the UPC’s fundamental status as an international court into that of a court which is part of the national legal order”.

That seems to pretty clearly set out the position that G&P view the UPC as not being a “court common to the (EU) Member States”. Or am I missing something?

This is a key point, as my understanding is that the UPC will only retain the ability to refer questions to the CJEU if it remains part of the (national) legal order of EU Member States… which it can only do by being a court common to EU Member States. The participation of a non-EU State would seem to rather throw a spanner in the works on that point.

This was said in response to the following comment (reproduced in case of retroactive deletion):

Gordon and Pascoe conclude that the UPC is not “a court common to the Contracting Member States”.

I’ve not gone back to check, but I don’t think that’s quite what they said. They did acknowledge that there would need to be some changes to the definitions and wording around “Member State” and “Contracting Member State”.

At the moment, the definitions in Article 2 UPCA say that a
“Contracting Member State” is a Member State party to the UPCA itself. The suggestion is that the UK could remain as a contracting state party to the UPCA, with those changes to the wording and given the necessary political will.

However, Article 2 also defines a “Member State” as an EU Member State. I think that’s why changes to the wording would be needed.

Proof, in the past I’ve also had posts that just disappeared. I’ve come to the conclusion that it happens when I make a long post that includes HTML tags. If I get the HTML syntax wrong, the error message is very small and tucked away at the top of the post. In a long post, you can’t see it unless you scroll up looking for it, and it is easy to assume that the post was successful.

And prior to this someone said: “Two days on and no one has rushed to counter the proposition that either the UK cannot stay in the UPC post-Brexit or the UPC Agreement is incompatible with EU law. Does this mean that either everyone agrees with that proposition or that no one who disagrees has noticed it?”

People are difficulties leaving comments. Here is another:

Hmmmn. Can’t think what was wrong with my comments that (twice) failed to reach this thread. Let me try again, with a bit of rephrasing.

The article states that “Now, the general consensus seems to be that the UK can participate even after it leaves the EU”. But what is meant here by “the general consensus”? Is it the consensus of all informed practitioners or instead the majority view amongst regular commentators on the UPC? I suspect the latter, not least because I have never heard of any survey seeking views on this point. If my suspicion is correct, then I would caution against using phrases such as “the general consensus”, particularly in view of the fact that regular commentators on the UPC are a pretty self-selecting (and likely unrepresentative) group.

There is another aspect of all this that puzzles me even more, though.

Before the Brexit vote and the Gordon and Pascoe opinion, the “general consensus” was quite the opposite of what it is now alleged to be. But how is it that the consensus amongst regular commentators on the UPC has performed such an astonishing volte face when there has (to my knowledge) been so little attention paid to the key arguments that underpin the rather surprising conclusion in the Gordon and Pascoe opinion?

It appears to me that there are two main possibilities here. The first is that Gordon and Pascoe’s opinion is so clear, persuasive and obviously correct that it has removed the scales from all of our eyes so that we can now see how wrong we were beforehand. On the other hand, the second possibility is that the desire of proponents of the UPC to believe in the conclusion has hindered detailed, critical analysis of the opinion.

Sadly, I suspect that the latter possibility is the best explanation of what has happened. This is primarily because Gordon and Pascoe’s opinion is heavily reliant upon what appears at face value to be a very counter-intuitive conclusion. That is, despite several statements to the contrary in the UPC Agreement itself (the recitals, Article 1 and Article 21), Gordon and Pascoe conclude that the UPC is not “a court common to the Contracting Member States”. Whilst I would not expect commentators to dismiss that argument out of hand, I am more than a little surprised that so little attention has been paid to the question of whether it can possibly be correct.

More worryingly, no one seems to have questioned whether, apart from the possibility of the UK remaining in the UPC post-Brexit, any further consequences might flow from Gordon and Pascoe’s conclusion. I find this particularly alarming as it seems to me that one inevitable conclusion is that the UPC Agreement would be incompatible with EU law.

The reason for my conclusion on this point is that it is only by being “a court common to the Contracting Member States” that the UPC becomes part of the EU legal order, which (amongst other things) affords it the ability to refer questions to the CJEU.

I cannot overstate the importance of this point. If Gordon and Pascoe are correct and the UPC is truly an “international” court (as opposed to part of the national legal system of various EU Member States), then it would have the same status as the Boards of Appeal of the EPO… which are of course unable to refer questions to the CJEU.

Does the “general consensus” take this consideration into account?

Another commenter said: “Is there a problem with the comments facility on this thread? My comments from 2 June and from this morning seem to have both gone astray…”

IP Kat isn’t what it used to be.”I too have had several comments of mine deleted by IP Kat, whereupon I stopped commenting altogether. This isn’t an open forum anymore and it’s clear that they omit (delete) comments based on somebody’s agenda; it doesn’t look like it’s random and it’s not due to technical issues (not all the time anyway).

IP Kat isn’t what it used to be. The sooner we recognise and accept it, the better.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/06/11/bristows-for-upc-and-patent-trolls/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. IRC Proceedings: Sunday, June 20, 2021

    IRC logs for Sunday, June 20, 2021



  2. Links 21/6/2021: Linux 5.13 RC7, IRC.com by Freenode

    Links for the day



  3. Virtual Injustice -- Part 13: Let the Games Continue…

    "It would be nice to think that the events of 28 May have given the Enlarged Board pause for thought."



  4. Links 20/6/2021: Akademy 2021 Underway and Linux Foundation Blasted

    Links for the day



  5. EPO: Fake Patents, Fake (Paid-for) Patent Coverage, and Fake Awards for Public Relations Purposes

    The media has been thoroughly corrupted, patent legitimacy has been severely damaged (far too many European Patents aren't in compliance with the EPC anymore), and Team UPC is trying to undermine the EPC and turn Europe into another Texas



  6. Changes in IRC and New Features Over Gemini Protocol or the World Wide Web

    We examine more closely some of the latest changes in the site and the capsule (Web and Gemini, respectively); we show that it’s possible to keep abreast of IRC using nothing but a text editor, a Gemini client… or even the command line alone



  7. IRC Proceedings: Saturday, June 19, 2021

    IRC logs for Saturday, June 19, 2021



  8. We Need and Deserve a Saner Patent System in Europe

    The laughing stock that the patent system, the patent law firms, and patent media became (over the past few years) must be replaced; at the moment we have a cabal connected to a bunch of criminals running the entire show and the public understandably grows impatient (at least people who are sufficiently informed; the criminals have already intimidated and bribed a lot of the media and they're still bribing more of it, as we shall demonstrate later today)



  9. [Meme] IRC Wars in a Nutshell

    In terms of large IRC networks, we’re in trouble (unless we self-host) because they seem to be dividing themselves along political lines rather than anything technical or something of an on-topic/relevant substance. Using networks for Free software projects/organisations to push one’s political agenda is not acceptable because it’s starting to seem like in IRC space, FN has become the Front Nationale (French) and LC is Liberal Coalition. Both FreeNode and Libera Chat have managed to turn from technical platforms into political parties, in effect using technical networks (intended for technical projects) to push someone's political agenda and thus misusing them for personal gain. There’s no free lunch. As it turns out, FreeNode’s new owner (Andrew Lee) has just outed himself as a huge Donald Trump supporter who speaks of “these fuckers who stole that shit” (he meant the election, which he insists Trump actually won in 2020).



  10. IBM Handles More Removals of Signatures From Its Hate Letter Against Richard Stallman

    Less than a day ago IBM processed a request for removal (from its hate letter); as someone put it in a letter to us, also less than a day ago: “When all of this started in 2019, the Red Hat GNU developers showed off their colours. The best way to attack an organisation is from the inside. Using GNU developers was a dead giveaway. Google and Microsoft are very much on the team with IBM. I believe they’ve made headway into the Free/Libre software community and have persuaded senior Debianties to go along with them.” That same message, from an anonymous GNU maintainer, said: “The strategy to target major distributions is clear and present danger. I’m not sure what arguments of persuasion are being used, but I’m pretty sure their main tool is currency. RMS needs a lot of strategic support from experts who will rally to the Free Software cause. He needs great lawyers, some corporate minds, and intelligence specialists.” Sometimes it seems or feels like by simply buying Red Hat (the staff) IBM infiltrated the GNU Project and now it is vainly making claims like 'GNU is IBM' and thus IBM et al can command/tell the FSF who should run FSF, not only GNU. Such entryism isn’t hard to see; “An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation” has meanwhile garnered 6,758 signatures. The opposite letter is only decreasing in support (signatures lost).



  11. Links 20/6/2021: Debian GNU/Linux 10.10 “Buster” Released and LF Revisionism Resumes

    Links for the day



  12. The EPO's Enlarged Board of Appeal Has Already Lost the Case in the Court of Public Opinion

    Personal views on the sordid state of the Enlarged Board of Appeal (EBoA), which by extension bodes poorly for the perception of independence in every Board of Appeal (BoA); the patent tribunals have been captured by patent maximalists who either stack the panels or intimidate judges into ruling in a particular way



  13. Virtual Injustice -- Part 12: Carl Josefsson – Down But Not Out!

    António Campinos still controls Josefsson, who controls all the judges, so in effect all the legal cases (including some about European software patents) are manipulated by the Office the judges are supposed to judge



  14. Links 19/6/2021: Wine 6.11 and Proton 6.3-5 RC

    Links for the day



  15. IRC Proceedings: Friday, June 18, 2021

    IRC logs for Friday, June 18, 2021



  16. Virtual Injustice -- Part 11: Perceptive Comments and Caustic Criticism

    The EPO‘s management managed to silence a lot of the critical media (handouts and threats from Benoît Battistelli and António Campinos), but silencing comments is a lot harder; though we don’t know which ones were moderated out of existence…



  17. Links 18/6/2021: Mir 2.4, ActivityWatch 0.11, Microsoft Breaks Its Own Repos

    Links for the day



  18. [Meme] When the 'Court' Drops

    As the EPO sneakily outsourced courts to American companies and parties in dispute depend on their ISP for “access to justice” there’s a catastrophic impact on the very concept of justice or the right to be heard (sometimes you don’t hear anything and/or cannot be heard)



  19. The EPO's Virtual Injustice and Virtual ('News') Media

    A discussion of this morning's post (part 10 in a series) about the shallow media/blog coverage that followed or accompanied last month's notorious EPO hearing



  20. Links 18/6/2021: LibreOffice 7.2 Beta, Elementary OS 6.0 Beta 2, and Linux Mint 20.2 “Uma” Beta

    Links for the day



  21. The Self-Hosting Song

    Cautionary tales about outsourcing one's systems to companies that could not care less about anyone but themselves



  22. IRC Proceedings: Thursday, June 17, 2021

    IRC logs for Thursday, June 17, 2021



  23. [Meme] Swedish Justice

    The EPO‘s patent tribunals have been mostly symbolic under the Benoît Battistelli and António Campinos regimes; giving them back their autonomy (and removing those who help Battistelli and Campinos attack their autonomy) is the only way to go now



  24. Virtual Injustice -- Part 10: Vapid and Superficial Coverage in the 'IP' Blogosphere

    The media has come under attack by Benoît Battistelli; during the term of António Campinos most of the media critical of the EPO has mostly vanished already; so one needs to look carefully at comments and social control media



  25. Links 18/6/2021: RasPad 3 and Pushing Rust Into the Linux Kernel

    Links for the day



  26. Heli Pihlajamaa Promoting Software Patents to Patent Maximalists

    "Ms Pyjamas" from the EPO is promoting illegal software patents to a bunch of patent zealots (CIPA)



  27. The Lying by Team UPC, Led Again by Kevin Mooney

    Team UPC, or specifically Mr. Mooney, lies to the public about the prospects of the UPC; similarly, EPO and EU officials keep bringing up false claims about the UPC, so while the UPC itself has likely died for good the lies have not



  28. Links 17/6/2021: Cutelyst 3 and Lenovo Move Towards ThinkPad BIOS Configuration From Within Linux

    Links for the day



  29. Too Much Noise and/or Distraction and General Loss of Focus (on the Real and Urgent Issues, Such as the Ongoing Anti-FSF 'Coup')

    The media is full of Microsoft fluff and technical blog posts still focus on the Freenode fiasco, among other things that don't matter all that much; but we certainly need to talk about steps undertaken to undermine the FSF's power because long-term ramifications may be huge



  30. [Meme] The Enlarged Bored People With Presidential Decrees

    The laughable state of the EPO‘s EBA (or EBoA) is rarely commented on anymore, not even in so-called ‘IP’ blogs; maybe they’re just so eager to see patents on everything, even European software patents, so tyrants who destroy the courts (with UPC lobbying and removal of EBA independence) don’t bother them so much anymore


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts