08.08.19

Gemini version available ♊︎

Germany’s Infamous Patent Troll IPCom Shows That the EPO’s Failure Hurts Not Only Germany But the Whole of Europe and Customers in General

Posted in Europe, Patents at 6:55 am by Dr. Roy Schestowitz

Fortress and patent trolls

Summary: A giant European patent troll, IPCom, shows the ramifications of the EPO failing to do its job; Europe is being left behind for the sake of parasitic bullies that put Germany to shame

The German patent troll IPCom was mentioned earlier this year in relation to this controversial decision to keep breaking the law, to keep violating the EPC. This is no laughing matter because this troll removes good products from the market… even in the UK, far away from Germany (showing that the patent system has gone all wrong).

As BBC (UK) put it the other day:

HTC has stopped offering its phones for sale in the UK while it is involved in an intellectual property dispute.
The Taiwanese company’s online store currently lists all of its models as “out of stock” despite the fact they remain available in other nations.
HTC has been involved in a long-running dispute with research and development company Ipcom over a wireless technology developed for car phones.
To resolve it, HTC agreed to sell only mobiles with a workaround in the UK.
However, Munich-based Ipcom has alleged it carried out tests earlier this year that showed no workaround had been implemented.

[...]

An HTC spokeswoman said: “As a leading innovator, HTC takes intellectual property issues very seriously.
“We are proactively investigating an infringement claim by a third party with respect to a single handset model.”
HTC was the first manufacturer to sell an Android handset, in 2008. A decade later, it sold part of its smartphone division to Google.

Rose Hughes (Big Pharma’s lawyer in the UK) has just commented on it; she’s usually a megaphone of EPO management. Last month when covering a decision on IPCom and Haar she published only a puff piece. Here’s what she wrote about the above:

IPKat has followed for many years the case law on stays of infringement proceedings in the UK. Guidance on when a stay may be granted was provided in Glaxo v Genentech [2008] EWCA Civ 23 (IPKat post here). The Glaxo guidance was subsequently reformulated by the Court of Appeal in IPCom v HTC [2013] EWCA Civ 1496 (IPKat post here). A UK High Court decision has recently applied the IPCom guidance in a case where stay of proceedings was requested in view of a pending EPO opposition: Coloplast v Salts [2019] EWHC 1979 (Pat).

Coloplast is a Peterborough (UK) based manufacturer and the current market leader in ostomy products. An ostomy or stoma is a surgically made hole in the intestinal wall. An ostomy may be required in patients with severe disorders of the gut (e.g. Crohn’s disease, ulcerative colitis or bladder cancer) or following injury to the bowel. There are many specialist products associated with ostomies, designed to make patients’ lives more comfortable. The ostomy product market is currently worth approximately £120 million per annum.

[...]

According to Guideline 10 of IPCom, it is important to consider the length of time it will take the EPO to reach a decision in an pending opposition proceedings. Both parties agreed that after the opposition division had given its decision, this would be appealed to the EPO Boards of Appeal. A European patent attorney for Salts estimated that the Boards of Appeal would reach a decision “in late 2021, but ‘perhaps’ earlier if accelerated proceedings are granted” (para. 21.). A solicitor for Coloplast provided a different estimate of between January 2022 and January 2024. The likelihood of a “ping-pong” effect between the Boards of Appeal and the opposition division was also considered. If this happened, Coloplast estimated that a final decision may take until 2028.

The Deputy Judge commented that there appeared “to be a tendency to stretch the estimates a little”. The estimations were also likely to have been made difficult in view of the imminent introduction of the revised Rules of Procedure of the Boards of Appeal (RPBA) (IPKat post here). The revised rules aim to increase efficiency and reduce the likelihood of “ping-pong”.

The witnesses both estimated that the UK trial would occur in 2020 (with an appeal in 2021 or 2022).

The Deputy Judge concluded that a final Board of Appeal decision could be expected around January 2022. “Ping-pong” was possible but unlikely. The UK Court of Appeal could be expected to rule on any appeal of the UK case in late 2021 (para. 29).

Possibly fake European Patents (disputed at present) let patent trolls bully British people and companies, such as those stocking products from the faraway Taiwan. So even if the EPO itself still wrestles with the validity of said Invalid Patents (IPs), the embargo goes ahead. Imagine how much worse it would be if the UPC ever became a reality (expanding embargo’s scope).

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Microsoft GitHub Exposé — Part VIII — Mr. Graveley's Long Career Serving Microsoft's Agenda (Before Hiring by Microsoft to Work on GitHub's GPL Violations Machine)

    Balabhadra (Alex) Graveley was promoting .NET (or Mono) since his young days; his current job at Microsoft is consistent with past harms to GNU/Linux, basically pushing undesirable (except to Microsoft) things to GNU/Linux users; Tomboy used to be the main reason for distro ISOs to include Mono



  2. Dr. Andy Farnell on Teaching Cybersecurity in an Age of 'Fake Security'

    By Dr. Andy Farnell



  3. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  4. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  5. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  6. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”



  7. Links 28/11/2021: Laravel 8.73 Released, GitHub Offline for Hours

    Links for the day



  8. IRC Proceedings: Saturday, November 27, 2021

    IRC logs for Saturday, November 27, 2021



  9. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  10. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  11. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  12. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  13. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying



  14. Links 27/11/2021: Tux Paint 0.9.27 and SeaMonkey 1.1.19 in EasyOS

    Links for the day



  15. [Meme] Keeping Our Distance From Microsoft

    The OSI is the dagger, the Linux Foundation is the knife, and many others are the sword by which Microsoft tries to get into the very heart of GNU/Linux and extinguish the Free software movement



  16. Microsoft Edge Encourages Indebted Americans to Guilt-spend Just in Time for Christmas

    Guest post by Ryan, reprinted with permission



  17. IRC Proceedings: Friday, November 26, 2021

    IRC logs for Friday, November 26, 2021



  18. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  19. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  20. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  21. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  22. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  23. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  24. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  25. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  26. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  27. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  28. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  29. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  30. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day


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