11.25.17

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Even UPC Proponents Admit UPC is Dead: “This is the End, My Friend”

Posted in Europe, Patents at 3:18 am by Dr. Roy Schestowitz

UPC boat

Summary: The Constitutional Case against the UPC has fatal consequences, for there may be no judgment on it before 2020 (two whole years after Campinos takes over the EPO, whose future is uncertain)

OUR previous article showed how Team UPC and Team Battistelli were distracting from the real news regarding UPC. It’s like they live in a parallel universe where the UPC is believed to be imminent. It’s a big lie that EPO management would even pay media and academia to spread. It’s corrosive and offensive to truth itself (or facts).

“It’s corrosive and offensive to truth itself (or facts).”Well, posted throughout the day yesterday were a bunch of revealing tweets from longtime proponents of UPC (they have something to gain from litigation). Funny how nobody wants to write an actual article about it. They shy away from the truth. Christopher Weber, who had done a lot to promote the UPC delusion, saw this outline from Mathieu Klos‏ and added: “Nothing to add to this but some #Hashtags #Brexit #UPC #ThisIsTheEndMyFriend”

Klos‏ has important contacts around this entire process and he wrote (the tl;dr version): “Constitutional Challenge. Oral hearing means no judgement before 2020 + end of the British UPC dreams” (links to this page).

The longer version says this:

JUVE has been reporting on the UPC, the European Patent Office and developments at patent law firms and companies for twenty years – and now also in English.
You are reading the second edition of JUVE Patent, our new e-paper, which we will publish four times a year.

Germany is in the focus of the patent community – more than any other country in Europe. The Constitutional Case against the UPC has put the whole implementation of the new patent court on hold. The consequences for the European patent system could be dramatic if the Constitutional Court comes to a decision any later than 2019. While the patent world looks towards Karlsruhe the German patent courts are being flooded with cases by Non Practicing Entities. As a consequence the German patent market is running hot and the German litigation law firms are revving up their engines.

“I understand Mr. [Klos] to mean that IF there is hearing,” Weber remarked, “the UPC is in deep water. And that will be decided in 7-10 months.”

“Vigilance significantly limits their field of manoeuvre.”Even IAM, the biggest propagandist for UPC (paid and supported by the EPO to promote UPC), said “JUVE a top information source on Germany, so this is likely to be right. It means the UPC is dead in its current form. Whether there is the willingness to revive it remains to be seen. It’s unlikely, at least for a while.”

We have been saying that for a long as we too have contacts. But it’s premature to just declare the UPC dead and move on. As we’ve seen over the past decade, Team UPC is very mischievous and extremely manipulative. It even lies to politicians and makes stuff up. Some of these people should definitely be disbarred as they’re a disgrace to their profession. As Benjamin Henrion put it this morning: No decision of UPC constitutionality in Germany before a while means Brexit will kick in. But UPC proponents are legal hackers, they will come with another hack…”

Not if people are watching and reporting these ‘hacks’. Vigilance significantly limits their field of manoeuvre.

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