Bonum Certa Men Certa

More 'Fake News' About Unified Patent Court (UPC) and Battistelli's CEIPI Emerges as a Booster

Attacks judges. Wants to be head of a major court.



Summary: The Unitary Patent or Unified Patent Court (UPC) is still promoted by the cabal of law firms (litigation giants) we've dubbed "Team UPC" and now they're joined by a law school headed by a criminal

THERE'S a book chapter coming about the fall of the UPC -- something we might participate in (we've been invited to). It's rather revealing that the European Patent Office (EPO) hardly ever mentions the UPC anymore. As for António Campinos, we can't even recall the last time he spoke about it (maybe 2018). Sure, he's still promoting software patents in Europe, but the 'unitary' aspects of European Patents are never mentioned any longer.



"If judged from the optics of 200 euros per hour, several law firms have already invested millions of euros (each!) in this 'pet' project of theirs."Team UPC is another matter. Unlike the EPO, it spent a fortune (assuming time is money) trying to make it a reality. If judged from the optics of 200 euros per hour, several law firms have already invested millions of euros (each!) in this 'pet' project of theirs. It's almost understandable that they refuse to let go.

Yesterday we saw Rachel Montagnon (Herbert Smith Freehills) with another loaded and very misleading headline ("Ratification Of The UPC Agreement In Sight? German Constitutional Decision Likely Early In 2020"). We've stumbled upon a few more like these in the sites of law firms; no need to mention these as some of them are old (start of December). What they basically try to tell us is "UPC is coming!"

"The UPC has meanwhile come under scrutiny in more nations. It's illegal and unconstitutional. It's the outcome of lobbying and corruption."Well, haven't we all heard that before? Team UPC is very good at lying and paying fees to foist these lies onto politicians who don't know better. To quote Montagnon (what's outside the paywall anyway): "As those with an interest in patents will be aware, the Unified Patent Court is still not a reality. The final ratification of the Unified Patent Court Agreement ("UPCA") required for the agreement to come into effect, is that of Germany (over 13 states having ratified including the UK and France, which, along with Germany, were the three states which were required to have ratified along with at least ten months..."

The rest is behind a paywall, but there's another new piece from Montagnon and her colleagues.

Andrew Moir, Rachel Montagnon, Sebastian Moore, Alexandra Neri, Mark Shillito and Joel Smith (Herbert Smith Freehills) should know better. They are well aware that the UPC faces a lot more barriers than these which they mention (Brexit and FCC). The UPC has meanwhile come under scrutiny in more nations. It's illegal and unconstitutional. It's the outcome of lobbying and corruption. But here's what Herbert Smith Freehills tell us:

As those with an interest in patents will be aware, the Unified Patent Court is still not a reality. The final ratification of the Unified Patent Court Agreement ("UPCA") required for the agreement to come into effect, is that of Germany (over 13 states having ratified including the UK and France, which, along with Germany, were the three states which were required to have ratified along with at least ten more, before the UPCA could come into force – see here for ratification details). Without the UPC established to enforce them, unitary patents cannot be granted. Germany's ratification has yet to be received.

The outcome is still awaited of the constitutional case objecting to a ratification of the UPCA by Germany, which was listed to be decided in 2019. In a recent interview, Judge Huber of the German Federal Constitutional Court (which is the court due to decide the case) denied that the delay had anything to do with Brexit, rather that other important cases were also waiting to be decided and took precedence. He suggested that the case might be decided in the early part of 2020.


The German Federal Constitutional Court has since then distanced itself from these statements. It's not appropriate for a German Federal Constitutional Court judge (Justice) to be talking to a Team UPC pressure group. Nevertheless, what he said continues to be leveraged for propaganda purposes; Team UPC has already made up its mind and its blogs pretend that UPC is coming "REAL SOON NOW!" (not exact quote, but so implies/says the person whose career involved lying about the UPC for years).

"What a bunch of fakers and charlatans. The fact that JUVE participates in these campaigns says a lot about JUVE and its declining integrity."These people have been telling us for at least 13 years that UPC was just around the corner and now they tweet about it in Bristows, in Kluwer and in the UPC Digital Team, linking either to this Bristows piece from Dominic Adair (citing 'UPC HQ') or "Kluwer Patent blogger" (probably Bristows as well, albeit masked). Bristows says: "The Unified Patent Court (UPC) Preparatory Committee has published today a message from its Chairman, Alexander Ramsay. [...] Regarding IT work, the case management system is ready for the sunrise period (during which opt-outs may be registered) and now the focus will be on review and improvement of the UPC website."

But... there's no UPC. They already admitted to the media that they fake progress to keep the false impression of momentum. What does the original from Ramsay even say? What's the substance of it? Nothing. That JUVE propaganda with a misleading headline. To quote: "Now to the future. I recently gave an interview to Juve [https://www.juve-patent.com/news-and-stories/people-and-business/the-upc... about my forecast for 2020 and beyond. I will continue to work toward a solution and I know I have the best possible team to help me do that."

What a bunch of fakers and charlatans. The fact that JUVE participates in these campaigns says a lot about JUVE and its declining integrity.

As MaxDrei said in the comments yesterday:

People like to spout the line “Where there’s a will, there’s a way” as if it is the self-evident truth. But it isn’t. Recent history proves that. For politicians knowingly to lead the voters on, in such beliefs, is to betray them.

Examples? First, the notion of a friction-free, formalities-free land border between EU Member State Ireland and a non-EU Member State UK. That was flagged up by the experts, even before the UK referendum, as THE insoluble problem of BREXIT and, guess what, despite all the hot air and Johnsonian bluster, it is still just that. The only solution is to cleave NI off from the UK Union.

Second, the notion of an EPLA that includes a non-EU Member State, a UK with an ever-fiercer mindset, bent on breaking away from the EU so as to “take back control”. Is that the sort of thing they mean when they utter the words “No Brainer?” The country of my birth is more and more painful to observe.

Readers will surely be able to supply other examples.


We've meanwhile also noted that CEIPI is promoting the UPC. CEIPI is run by corrupt Battistelli, who belongs in prison, not in a law school. And he wants to be chief of UPC (which won't exist), or so said rumours repeatedly.

This is what CEIPI tweeted some days ago:

[SAVE THE DATE]

Enrolment is open for the 2020 edition of the #Training Program on the #UnifiedPatentCourt.

It will take place in Strasbourg on March 13-14 & April 17-18.

For a draft program, enrolment and further info see: https://bit.ly/2M2wdFU


EPO watchers have meanwhile also taken note of this news about a chairman getting jailed on union-busting charges. Battistelli should take note; we don't suppose he'll be facing a raid at CEIPI and arrested for these crimes and much worse crimes, which he committed at the EPO. It's rather amazing that such a thug and a criminal was permitted to run a law school. Moreover, he wants to manage courts? After all he has done to abuse and bully judges?

"The UPC will go down with the sunset, but we don't expect that to be the end of this saga. Some time later the sun will re-emerge from the other side, possibly with a new name and a new marketing strategy..."Quite frankly, it's pretty unthinkable that independent judges will permit the UPCA to carry on. Seeing what happened and continues to happen at the EPO, these judges should recommend that immunity be stripped and managers put on trial. It's well overdue (at least half a decade).

The UPC will go down with the sunset, but we don't expect that to be the end of this saga. Some time later the sun will re-emerge from the other side, possibly with a new name and a new marketing strategy (maybe they can call it "AMAZING PATENT SYSTEM" or "ULTIMATE PATENT COURT" or "INNOVATION FIRST COURT SYSTEM").

"With or without these amendments, there's still no indication that the UPC will resurface any time soon, especially after the election outcome we had in the UK last week. Notice how Team UPC isn't even talking about the ramifications, which are profound.""I think it's pretty clear they will reopen the negotiations," one person told us, "but I ask you to keep that secret for now because the patent community will try to say "just replace UK by Italy" and nothing more..."

Well, they've already been saying that for years, so what's the point keeping it a secret? It's not like it'll give them any ideas they haven't already had. "We need to get the CJEU back on the table with am6-8," the person said, "so that the last word over software patents is within the CJEU, and not within those captive patent courts."

With or without these amendments, there's still no indication that the UPC will resurface any time soon, especially after the election outcome we had in the UK last week. Notice how Team UPC isn't even talking about the ramifications, which are profound.

Recent Techrights' Posts

Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
 
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day