03.19.20

Gemini version available ♊︎

Germany’s FCC and Its Decision on UPC May Not Matter Much Anymore (and the Government in Berlin Knows That) (Updated)

Posted in Courtroom, Europe, Patents at 3:22 pm by Dr. Roy Schestowitz

Update (20/3/2020): The decision is now online in German and in English. Thank you, Justice Huber, for doing the right thing in the face of great pressure if not harassment from the litigation ‘industry’.

Tomorrow morning we’ll know the (in some sense) irrelevant outcome

UPC lobbying budget:
UPC lobbying budget - Can't say if dead or dead - It's dead, Jim - I need to change profession

Summary: Tomorrow morning the Federal Constitutional Court in Germany (Bundesverfassungsgericht) will publish a decision that leaves UPC as dead as it already is, based on last month’s declaration from the British government (among other key factors)

THREE years ago the corruption in EPOnia was still making headlines across Europe. It was only a year or two after the corruption had been culminating in all sorts of ways. We can count the ways, enumerating literally dozens of examples. We’ve written and published over 3,500 articles about the EPO alone.

“Anyway, legal issues aside, the EPO also fails on technical merits.”The EPO has not changed since; but it made use of some new PR strategy and put aside budget and lawyers for intimidation and bribery of the press. At one point it even sanctioned IP Kat (back when it was still run by decent people — sadly no longer the case due to staffing/editorial changes). IP Kat nowadays participates in the EPO’s abuses by means of censorship of EPO critics. It’s really that bad and rather blatant. They hope nobody will notice that, but people do notice…

Anyway, legal issues aside, the EPO also fails on technical merits. The official European Patent Office/Organisation’s (EPO) Web site suffered downtime issues this week (the U.S. Patent and Trademark Office (USPTO) had similar issues last year and two years ago — issues that some blamed on corruption, nepotism and incompetence. This week one USPTO whistleblower wrote: “Rec 100s complaints about the new CIO leadership. The CIO seems to be every where but at work. I guess the contractors are running the place. The Dep CIO is still failing as a leader, transferring old staff over to CIO to achieve even greater failure that got her trasferred”).

“Will they be OK with the EPO trying to seize control of the legal system too? Not likely. Not if they do their job properly.”We don’t wish to focus too much on the USPTO and every pertinent EPO abuse, including the corruption of the media, the bribery, the fake job ads and so on. Let’s just say that the Justices at the FCC are certainly aware of many of these things. They’ve had years to familiarise themselves, as they’re dealing with numerous (perhaps half a dozen) complaints about the Office. They’ve been observing the abuses against EPO judges, not to mention all sorts of corruption such as nepotism (the legal system is extremely sensitive to such bad publicity).

Will they be OK with the EPO trying to seize control of the legal system too? Not likely. Not if they do their job properly.

One can count on the overzealous among Team UPC to act as though the UPC is about to start. Bristows’ Gregory Bacon (some of his UPC boosting colleagues left the firm) said some nonsense and around the same time “Kluwer Patent blogger” (probably the same firm hiding itself and suppressing its opposition, as usual) wrote: “”We await to see what the significance might be that the decision will be issued by the Senate rather than Chambers”, Bristows writes in an article published earlier today.”

Citing oneself, Bristows?

Anyway, one big blow was served last Friday but was "lost in Corona" (“Dutch Court Rules That Seat Agreement Signed Between the EPO and the Dutch Government Violates Article 45 TFEU”), so will this Friday bring another blow?

“This UPC decision may be already moot,” I told Henrion (FFII) some hours ago, “because the UK is not participating in the process, which means UPCA cannot go on (as Berlin confirmed months ago)” (this is a matter of public record in newspapers as well).

“I personally do not share this kind of enthusiasm because the UPC is already dead anyway.”The court says: “Generally, this information will be announced three days prior to publication. On the day of their respective publication, the decisions will normally be available on the website of the Federal Constitutional Court as of 9:30 a.m. and are sent via newsletter simultaneously.”

That’s 8:30 AM British time.

Citing Stjerna's latest paper, Henrion noted that “Nokia and BASF [are] writing UPC court fees so that SMEs cannot participate” and added that: “If the FCC dismiss the complaint on Friday, FFII eV will file a second one. [] If the German Constitutional Court kills the Unitary Patent on Friday, I will do a virtual party on Jitsi. Bring something to drink!”

I personally do not share this kind of enthusiasm because the UPC is already dead anyway. “There are strong grounds to throw out the UPCA, not the complaints, for good,” I told him. “It’s the product of a litigation ‘industry’ coup, designed to corrupt the system and break the underlying laws for profit. Unitary Patent already died last month here in the UK. Another German nail in the French coffin would help thwart future attempts by ‘Team UPC’.”

“They look to discredit the decision in case it doesn’t go their way.”Henrion took note of “UPCtracker” Thomas Adam, who insults the court and the Justice. He wrote: “#UPC re: decision of DE Constitutional Ct to be published on Fr., March 20, 2020. Not an expert in constitutional procedural law, so following observations should be taken w a grain of salt. The form of announcement indicates that the decision will be one by the full Senate (8 judges) as compared to a 3-judges/chamber decision (the latter being competent to deny acceptance of the complaint, sec. 93b of the Act on the Fed. Constitutional Ct., but – of relevance here – not competent to declare an Act of parliament as unconstitutional; sec. 93c(1) 3rd sentence); a chamber decision wd have been surprising this late in the game but it appears that the case was never formally admitted by the Senate; having said that, a Verfassungsbeschwerde must be admitted in order to be decided, sec. 93a but can happen implicitly). In case of a draw (4:4), complaint is denied. Dispensing with oral hearing would be due to parties involved waiving such right, sec. 25(1). So form of decision (by way of “Beschluss”) not prejudicial for outcome. Dissenting opinions are possible.”

So they proactively moan about the decision. They look to discredit the decision in case it doesn’t go their way.

“In case the case is not refered [sic] to the CJEU,” Henrion told him, “FCC will breach its obligations.”

Separately he had said “UPC FCC decision to be published this Friday [...] If the court does not refer the matter to the CJEU, this will be a big fault by the FCC.”

“We understand that the decision is already written and ready to be published, but regardless of its conclusion the outcome will be the same.”My gut feeling tells me nobody will really pay attention tomorrow, due to the pandemic. We recently exposed profound EPO corruption and German journalists said they would not be covering it because of coronavirus. They actually said that.

The Team UPC troll/sockpuppet in Twitter (intended to lobby and ‘harass’ the FCC) said: “No. But heralded for tomorrow, Fr., at 9:30 am CET (though Court runs on limited capacity due to COVID-19).”

Well, the decision won’t matter for UPC’s fate or even for software patents in Europe. It is in many ways moot before its arrival.

We understand that the decision is already written and ready to be published, but regardless of its conclusion the outcome will be the same. No doubt Team UPC will shout from rooftops tomorrow morning, either in ‘damage limitation’ attempts (distorting the meaning of the outcome) or celebrations over nothing of real substance, merely resulting in yet more complaints and inaction from the German government.

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. IRC Proceedings: Tuesday, January 25, 2022

    IRC logs for Tuesday, January 25, 2022



  2. Links 26/1/2022: No ARM for Nvidia, End of EasyArch, and WordPress 5.9 is Out

    Links for the day



  3. Why the Unified Patent Court (UPC) is Still Just a Fantasy and the UPC's Fake News Mill Merely Discredits the Whole Patent 'Profession'

    Patents and science used to be connected; but now that the patent litigation 'sector' is hijacking patent offices (and even courts in places like Texas) it's trying to shove a Unified Patent Court (UPC) down the EU's throat under the disingenuous cover of "community" or "unity"



  4. Links 25/1/2022: Vulkan 1.3 Released, Kiwi TCMS 11.0, and antiX 19.5

    Links for the day



  5. Gemini Milestones and Growth (Almost 2,000 Known Gemini Servers Now, 39,000 Pages in Ours)

    The diaspora to Gemini Protocol or the transition to alternative 'webs' is underway; a linearly growing curve suggests that inertia/momentum is still there and we reap the benefits of early adoption of Gemini



  6. [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

    The Unified Patent Court (UPC) and Unitary Patent system that’s crafted to empower EPO thugs isn’t legal and isn’t constitutional either; even a thousand fake news 'articles' (deliberate misinformation or disinformation) cannot change the simple facts because CJEU isn’t “trial by media”



  7. The EPO Needs High-Calibre Examiners, Not Politicians Who Pretend to Understand Patents and Science

    Examiners are meant to obstruct fake patents or reject meritless patent applications; why is it that working conditions deteriorate for those who are intellectually equipped to do the job?



  8. Free Software is Greener

    Software Freedom is the only way to properly tackle environmental perils through reuse and recycling; the mainstream media never talks about it because it wants people to "consume" more and more products



  9. Links 25/1/2022: Git 2.35 and New openSUSE Hardware

    Links for the day



  10. IRC Proceedings: Monday, January 24, 2022

    IRC logs for Monday, January 24, 2022



  11. Links 25/1/2022: GPL Settlement With Patrick McHardy, Godot 4.0 Alpha 1, and DXVK 1.9.4 Released

    Links for the day



  12. Proprietary Software is Pollution

    "My daughter asked me about why are we throwing away some bits of technology," Dr. Andy Farnell says. "This is my attempt to put into words for "ordinary" people what I tried to explain to a 6 year old."



  13. Microsoft GitHub Exposé — Part XV — Cover-Up and Defamation

    Defamation of one’s victims might be another offence to add to the long list of offences committed by Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley; attempting to discredit the police report is a new low and can get Mr. Graveley even deeper in trouble (Microsoft protecting him only makes matters worse)



  14. [Meme] Alexander Ramsay and Team UPC Inciting Politicians to Break the Law and Violate Constitutions, Based on Misinformation, Fake News, and Deliberate Lies Wrapped up as 'Studies'

    The EPO‘s law-breaking leadership (Benoît Battistelli, António Campinos and their corrupt cronies), helped by liars who don't enjoy diplomatic immunity, are cooperating to undermine courts across the EU, in effect replacing them with EPO puppets who are patent maximalists (Europe’s equivalents of James Rodney Gilstrap and Alan D Albright, a Donald Trump appointee, in the Eastern and Western Districts of Texas, respectively)



  15. Has the Administrative Council Belatedly Realised What Its Job in the European Patent Organisation Really Is?

    The "Mafia" which took over the EPO (the EPO's own workers call it "Mafia") isn't getting its way with a proposal, so it's preventing the states from even voting on it!



  16. [Meme] Team UPC is Celebrating a Pyrrhic Victory

    Pyrrhic victory best describes what's happening at the moment (it’s a lobbying tactic, faking/staging things to help false prophecies be fulfilled, based on hopes and wishes alone), for faking something without bothering to explain the legal basis is going to lead to further escalations and complaints (already impending)



  17. Links 24/1/2022: Scribus 1.5.8 and LXLE Reviewed

    Links for the day



  18. IRC Proceedings: Sunday, January 23, 2022

    IRC logs for Sunday, January 23, 2022



  19. [Meme] Team UPC Congratulating Itself

    The barrage of fake news and misinformation about the UPC deliberately leaves out all the obvious and very important facts; even the EPO‘s António Campinos and Breton (Benoît Battistelli‘s buddy) participated in the lying



  20. Links 24/1/2022: pgBadger 11.7 Released, Catch-up With Patents

    Links for the day



  21. The Demonisation and Stereotyping of Coders Not Working for Big Corporations (or 'The System')

    The war on encrypted communication (or secure communications) carries on despite a lack of evidence that encryption stands in the way of crime investigations (most criminals use none of it)



  22. On the 'Peak Hacker' Series

    Hacker culture, unlike Ludditism, is ultimately a movement for justice, for equality, and for human rights through personal and collective emancipation; Dr. Farnell has done a good job explaining where we stand and his splendid series has come to a close



  23. Links 23/1/2022: First RC of Linux 5.17 and Sway 1.7 Released

    Links for the day



  24. Peak Code — Part III: After Code

    "Surveillance perimeters, smart TVs (Telescreens built to Orwell's original blueprint) watched over our living rooms. Mandatory smart everything kept us 'trustless'. Safe search, safe thoughts. We withdrew. Inside, we went quietly mad."



  25. IRC Proceedings: Saturday, January 22, 2022

    IRC logs for Saturday, January 22, 2022



  26. Links 23/1/2022: MongoDB 5.2, BuddyPress 10.0.0, and GNU Parallel 20220122

    Links for the day



  27. A Parade of Fake News About the UPC Does Not Change the General Consensus or the Simple Facts

    European Patents (EPs) from the EPO are granted in violation of the EPC; Courts are now targeted by António Campinos and the minions he associates with (mostly parasitic litigation firms and monopolists), for they want puppets for “judges” and for invalid patents to be magically rendered “valid” and “enforceable”



  28. Welcome to 2022: Intentional Lies Are 'Benefits' and 'Alternative Facts'

    A crooks-run EPO, together with the patent litigation cabal that we’ve dubbed ‘Team UPC’ (it has nothing to do with science or with innovation), is spreading tons of misinformation; the lies are designed to make the law-breaking seem OK, knowing that Benoît Battistelli and António Campinos are practically above the law, so perjury as well as gross violations of the EPC and constitutions won’t scare them (prosecution as deterrence just isn’t there, which is another inherent problem with the UPC)



  29. From Software Eating the World to the Pentagon Eating All the Software

    “Software is eating the world,” according to Marc Andreessen (co-founder of Netscape), but the Empire Strikes Back (not the movie, the actual empire) by hijacking all code by proxy, via Microsoft, just as it grabbed a lot of the world’s communications via Skype, bypassing the world's many national telecoms; coders need to fight back rather than participate in racist (imperial) shams such as GitHub



  30. Links 22/1/2022: Skrooge 2.27.0 and Ray-Tracing Stuff

    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