11.20.19
Justice Peter Huber of the German Federal Constitutional Court (FCC) Calls ‘Bullshit’ a Rumour Nobody Really Spreads
Why are judges even speaking to Team UPC?! They’re lobbying by picking on judges and spreading falsehoods.
Summary: A sort of ‘trial by media’ (by Team UPC) compromises the integrity of the case (constitutional complaint) and can be interpreted as judges succumbing to lobbying/pressure from those who conspire to violate many constitutions across Europe for personal/financial gain
ROVOCATION tactics seem to have worked for Team UPC, which together with Campinos and Battistelli at the European Patent Office (EPO) lobby hard for the UPC in the open and behind the scenes.
We previously took note of the "Attack on the Independence of the European Judges (Which Had) Apparently Expanded to the German Constitutional Court (Bundesverfassungsgericht/FCC)" (taking note of a conflict of interest at the FCC).
“We previously took note of the “Attack on the Independence of the European Judges [Which Had] Apparently Expanded to the German Constitutional Court…”Why are FCC judges even speaking to Team UPC lobbyists like the litigation ‘industry’ stenographer Patrick Wingrove? Even Team UPC seems surprised. As one of them put it: “As for journalistic standards, it wd be helpful to be told when & why Prof. Huber agreed to interview (a rare occurrence, though this seems to be limited to the inner workings of the Court) & when, how (including in which language) and by whom it was conducted.”
This seemed unnecessary. Managing IP is a longtime UPC lobbying front. It bragged in Twitter: “Breaking: #UPC case to be decided in early 2020. In an exclusive interview, Justice Huber of the German Federal Constitutional Court gives @ManagingIP a timeline for the case and says suggestions that Brexit has stalled the decision are “bullshit”…”
“Why are FCC judges even speaking to Team UPC lobbyists like the litigation ‘industry’ stenographer Patrick Wingrove?”Why even give them clues?
“Apparently,” as one person noted, “no oral hearing foreseen by DE Constitutional Court” (are they rushing this?)
The FCC should not be bullied by Team UPC; they’re the major component of this anti-democratic, unconstitutional behaviour. They’re the sort of thing this complaint is about. From the said article: “The case holding up the Unified Patent Court will be decided in the first quarter of 2020, according to the judge at the German Federal Constitutional Court who is in charge of the matter.”
“The coverage from Team UPC keeps repeating the word “bullshit” (not a decent word for a judge/justice to be using anyway), but who even/ever claimed that Brexit was the cause of this delay?”Further down he’s quoted: “I don’t want to delay [the decision] but there are some other cases at hand that also have to be dealt with…”
The coverage from Team UPC keeps repeating the word “bullshit” (not a decent word for a judge/justice to be using anyway), but who even/ever claimed that Brexit was the cause of this delay? Certainly not us. It deals with a claim that perhaps nobody even made.
“Kluwer Patent blogger” (likely Bristows) accepts that there’s no UPC decision by FCC this year. In 2018 they insisted it would be done by year’s end (2018). They’re chronic liars. They just hoped to pressure judges. Here’s what they wrote some hours ago:
The constitutional complaint holding up the start of the Unified Patent Court will be decided upon in the first quarter of next year. Justice Peter Huber of the German Federal Constitutional Court (FCC), who is overseeing case 2 BvR 739/17, has said this in an exclusive interview with Managing IP.
Huber added that the time frame will depend on the time it takes for him and other judges at the FCC to deliberate on the case. “It is quite a detailed process that we follow because we have to look at every detail of how we formulate and word the [ruling],” he said according to the interview of Managing IP. “But it is likely that we will get along with it.”
In the interview, Huber denied that the FCC has been delaying its decision because of the Brexit. According to Managing IP, he described the allegation as “bullshit”.
[...]
If the complaint is dismissed, this doesn’t necessarily mean Germany will immediately complete the ratification procedure…
Rose Hughes (Team UPC) again plays ball for UPC with some spin. At IP Kat she wrote: “In the interview to Managing-IP, Justice Huber also confirms that he intends to decide the case in the first quarter of next year. Brexit is currently scheduled for the end of January 2020. It may therefore be touch-and-go whether the UPC comes into force (following German ratification) before Brexit. On the other hand, it has also been reported that, even if the constitutional complaint is overcome, the German Parliament may still delay ratification whilst the outcome of Brexit is unclear. Another false rumour?”
The false rumours are Team UPC’s. They did that lots of times before.
“The bottom line is, Team UPC seems to be entrapping and pressuring judges into issuing a decision prematurely, based on unrealistic deadlines and before oral statements can be made/heard.”IP Kat was also boosting Watchtroll around that same time (this time Lucy Isaev). What has happened to the ‘Kats’? Litigation fanatics now? AstraZeneca’s legal team?
The bottom line is, Team UPC seems to be entrapping and pressuring judges into issuing a decision prematurely, based on unrealistic deadlines and before oral statements can be made/heard. They also speak to fake press which is actually a pressure group of Team UPC. Follow the money and study their track record.
We can imagine that the complainant will have something to say about that. █
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