Bonum Certa Men Certa

Bristows LLP is Still Trying to Attach Wings to the UPC and Distract From Serious (Likely Fatal) Barriers to It

Still "brown-nosing" judges and officials, not to mention Battistelli, for UPC and patent trolls in the UK

Bristows EPO



Summary: In spite of the UPC being in a morbid state, Bristows carries on pretending that all is rosy and progress is being made

THE EPO's top-level management and Team UPC are the main proponents of the UPC (if not its sole proponents, except few multinational companies and trolls). Lies are abundant and they need to be debunked, we cannot just ignore them.



We've written about the UPC for nearly a decade (before it was even known as "unitary" anything). We're accustomed to the lies.

"We've written about the UPC for nearly a decade (before it was even known as "unitary" anything)."So what's the latest?

Well, UPC proponents decided to tell me: "Draft legislation is online.@Ipkat reporting its existence =/= "propaganda". Read it in black & white for yourself: http://tinyurl.com/ybtf8ah5"

Yes, we saw that. We had already commented on it. Before the above tweet in fact!

For those who aren't watching the UPC closely, well... there's nothing new really. It's stuck. It's not going anywhere any time soon (if ever).

"We're accustomed to the lies."Days ago Managing IP published a PAID-FOR ("sponsored," by their own admission) UPC brainwash/hogwash for those who seek to impose the UPC on us all. We wish to remind readers that Managing IP has played a huge role in UPC promotion, on behalf of its affiliates and sponsors. It is hardly an objective publication and we confronted it over this many times before. Managing IP's excuses were always unconvincing.

Worse, however, is what happened to IP Kat. We used to appreciate its EPO coverage, but look what it has turned to. It actually helps Battistelli.

Yesterday, Annsley Merelle Ward of Team UPC and of Bristows was sucking up to Jo Johnson (probably for UPC agenda). Some accuse her of "brown-nosing" judges, too. She did this at IP Kat, which added in Twitter "looking forward to a lot of IP…"

"Yesterday, Annsley Merelle Ward of Team UPC and of Bristows was sucking up to Jo Johnson (probably for UPC agenda)."Bristows, in the meantime, published this headline that says "UK resumes its UPC legislative process," but it's a very ambitious statement. It's misleading.

We have already documented Bristows' attacks on British and European democracy and its pattern of lies, potentially falsifying statements to suit its own 'causes' (financial).

In the post, Dominic Adair links to an undated page and says: "The UK Intellectual Property Office also announced that a separate piece of legislation on privileges and immunities will be laid in the Scottish Parliament in due course."

No link or anything. They already used unsourced statements, attributed to UK-IPO albeit without any way to verify. And being Bristows, one must assume (by default) that they deceive or outright lie. Recall what happened in Germany and what Bristows said about it. The only thing Bristows is good at is lying and deleting comments of people whose views it does not agree with (we documented many examples).

"And being Bristows, one must assume (by default) that they deceive or outright lie."Later on, Richard Pinckney of Bristows pushed out another puff piece and Mathieu Klos of Juve drank some of the Kool-Aid [1, 2], even linking to the Estonia mirage of Bristows (trying to give an illusion of progress). Bristows had actually paid for these mirage pieces (placements in the media), as we noted last week. And not a word about Germany, eh?

Suddenly the distraction tactics are all too obvious! Just anything to push forth the illusion of "UPC progress", as Managing IP likes to dub almost every 'article' about the UPC (not just paid-for 'articles').

Days ago Anne Hargreaves retweeted Joshua Rozenberg and said: "Latest in the continuing saga of the UPC/UP."

Rozenberg wrote: "Government has laid an order to allow ratification of the Unified Patent Court. If approved and Germans ratify, court should open in spring."

"Suddenly the distraction tactics are all too obvious!""No," I told them, "spring has already passed and the UPC objection can drag on until next year (Constitutional)."

Where are these people dragging their lies from? And who would be gullible enough to believe them, after they made false predictions every single year for a number of years?

Not to our surprise, IP Kat continued to relay Unitary Patent propaganda from Team UPC (Annsley Merelle Ward in this case) less than a day ago. To quote: "With Germany's recent constitutional challenge (as reported by the IPKat here) and Parliament being distracted by the recent UK elections and Brexit negotiations, do not hold your breath for much UPC activity before the House rises on 20 July 2017. It's summer, after all..."

So much for "court should open in spring..."

"Well, Bristows are fatally wounding their own reputation (if they had any)."As people here say, "bollox!"

"UPC proponents as Bristows are determined not to abandon," an EPO insider told me, "unfortunately..."

Well, Bristows are fatally wounding their own reputation (if they had any).

So is Bird & Bird, whose UPC propagandist Wouter Pors is facing a barrage of criticism in IP Kat comments. Here is the latest:

Mr Pors is trying to capitalize on that tiny piece of information on the case that, most likely, a German colleague of his has managed to secure and has insinuated to him. And indeed, it would be surprising if the topic mainly discussed in the Juve interview with Prof. Bross played any role in the constitutional complaint, as it is difficult to see how the internal organisation of the EPO could be used as an argument for the unlawfulness of the UPCA under the German Grundgesetz. This may be different for the European patent with unitary effect an attack on which on the basis of the German Constitution would, however, be a completely different story.

It is rather puzzling to see demands from several people, at least some apparently having a legal background, that the complaint should be made public, criticizing the BVerfG for alleged “secret proceedings”. Quite frankly, in which jurisdictions are court submissions made available to the public? If reference is now made to the “importance of the case”, let me ask you this: In proceedings at the CJEU, e. g. in cases C-146/13 and C-147/13 relating to the “patent package”, which information is made public about the submission of the parties? Three months after filing the requests are published in the Gazette of the court, usually four to five sentences, that is it. The reasons why knowledge of the submissions in a court case is limited to the court and the parties seem to be self-evident. The present, in most cases regrettably uninformed hysteria vividly underlines the legitimacy of this limitation.



Someone else ended up responding to a factually incorrect comment which we chose not to quote/reproduce. Here is the response:



Tim H - whilst it might not seem that important to you, there is an important (and direct) link between the EPO and the UPP.

For certain patents (EPs having unitary effect and not opted-out EPs), ratification of the UPP entails transfer of sovereignty from national courts to the UPC regarding the competence to handle certain disputes (for infringement, revocation, etc.).

The transfer of sovereignty is immediate and irreversible for EPs having unitary effect. Thus, the registration of a request for unitary effect is directly linked to the transfer of sovereignty.

Whilst I have no idea whether it forms part of the constitutional complaint, I would certainly understand if the BVerfG wanted to be persuaded that requirements under German constitutional law are satisfied by both the governing laws for the UPP and the bodies having key roles (connected with the proposed transfer of sovereignty) under that package.



And here's another (about the BoA):

....a patent applicant which got a refusal can also request a judicial review from German courts. (The question is about equality of arms for applicant/proprietor and opponent, do both have access to an independent judicial review? at the EPO, only the opponent as losing party could go to national courts, and applicant/proprietor does not have access to a judicial review by national courst if the EPO/BoA do not grant a patent (in amended form). The question is open if no patent is present, and null if patent got granted.) With EPO-refusals, only the Boards of Appeal remain as remedy (except for conversions under Art. 135 EPC), the BoA may or may not be an independent judicial review as required by the german constitution. But if DG3 is the first instance to not grant a patent, what then?


Rumours from the EPO suggest that a BoA judge might officially be sacked later this week, even if such action is not legal (as per the EPC). Any information (or leak) related to this would be appreciated.

Recent Techrights' Posts

Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
 
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Earth Day Coming, Day of Rest, Excess Deaths Hidden by Manipulation
Links for the day
Bad faith: no communication before opening WIPO UDRP case
Reprinted with permission from Daniel Pocock
Bad faith: real origins of harassment and evidence
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Censorship Abundant, More Decisions to Quit Social Control Media
Links for the day
Bad faith: Debian Community domain used for harassment after WIPO seizure
Reprinted with permission from Daniel Pocock
If Red Hat/IBM Was a Restaurant...
Two hours ago in thelayoff.com
Why We Republish Articles From Debian Disguised.Work (Formerly Debian.Community)
articles at disguised.work aren't easy to find
Google: We Run and Fund Diversity Programs, Please Ignore How Our Own Staff Behaves
censorship is done by the recipients of the grants
Paul Tagliamonte & Debian Outreachy OPW dating
Reprinted with permission from disguised.work
Disguised.Work unmasked, Debian-private fresh leaks
Reprinted with permission from disguised.work
[Meme] Fake European Patents Helped Fund the War on Ukraine
The European Patent Office (EPO) does not serve the interests of Europe
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day