04.06.20

Gemini version available ♊︎

The Fall of the UPC – Part XII: Doing the Unthinkable by Blaming the Judge’s (Justice’s) Wife?

Posted in Deception, Europe, Patents at 5:31 am by Dr. Roy Schestowitz

When you cannot discredit the messenger (or the decision), look at his or her family?

JUVE tabloid
Stay classy, JUVE (context)

Summary: Team UPC and its media partners never cease to amaze us; anybody who stands in their way is either portrayed as a Russian stooge or too ignorant to be worth talking to

TEAM UPC is in ‘damage control’ mode. ‘Locked up’ inside the house, these people probably still worry a lot more about the FCC’s decision than about Coronavirus.

The European Patent Office (EPO) has said nothing about it except one misleading statement in the “news” section, quoting António Campinos who isn’t a jurist (neither was Battistelli). It’s really, really pathetic.

I was rather shocked but not entirely surprised to see the ad hominem attacks on the (presumed) chief judge in this case, Justice Huber. This wouldn’t be the first time, so I was prepared for such a spectacle.

The main spectator, for me at least, was Benjamin Henrion, who read many articles and comments at the time. He did a fine job highlighting all sorts of seemingly minor things. We took note and it’s worth reporting on that, even if a fortnight or so belatedly.

“I really struggle to understand why JUVE threw away its credibility like this, in effect becoming a mouthpiece of EPO management. It was a slow process.”First of all, JUVE called the decision “dark day” even though it’s a very good decision that’s beneficial to the vast majority of the population. Who did JUVE quote? Winfried Tilmann. What on Earth are they thinking? We’ll mention him and his firm in later parts of this series about the UPC’s fall. This is what JUVE quoted: “This formal objection can be eliminated by a new vote with a two-thirds majority. Fortunately, the Federal Constitutional Court has rejected all factual objections to the constitutional complaint as inadmissible or unfounded.”

This is patently false, as we shall explain in later parts that also mention Tilmann et al. I am neither a lawyer nor a judge, but this is very basic. You don’t need a law degree to understand that this is a lie. It is a blatant falsehood from Team UPC, but JUVE is OK with it; it’s printing lies, as it has done for at least 2 years (prior to that it did some decent work). I really struggle to understand why JUVE threw away its credibility like this, in effect becoming a mouthpiece of EPO management. It was a slow process.

Who else did JUVE quote? As noted here, “Kevin Mooney, long-time proponent of the UPC and partner at the London office of Simmons and Simmons…”

He said: “We must wait to see how great a priority this for the German Parliament. The UPC is not dead.”

JUVE printed this nonsense. Did JUVE contact UPC critics? No. Other than the complainant JUVE spoke to nobody. It’s like critics of the UPC don’t even exist to them.

“JUVE printed this nonsense. Did JUVE contact UPC critics? No. Other than the complainant JUVE spoke to nobody. It’s like critics of the UPC don’t even exist to them.”Mooney lied to our Parliament, so why not lie to pro-UPC media as well?

Speaking of pro-UPC media, we have not lost sight of Patrick Wingrove, who ‘entrapped’ Justice Huber. He’s still writing for Managing IP, a pro-UPC think tank, where as recently as days ago he acted as cheerleader for patent trolls in Texas [1, 2] (several times in succession).

JUVE did something similar to what Managing IP had done. It put the Justice inside the media. Here’s JUVE’s editor writing a tweet: “Friday’s decision was a huge setback for the #UPC. The trial focused on two main parties. JUVE Patent was lucky to speak to judge rapporteur Peter Huber, and complainant Ingve Stjerna. Read all about the judge and the lawyer, beginning with the judge: https://bit.ly/the-judge-behind-the-decision … pic.twitter.com/710A3m8Cfa”

So we see that the judge is again speaking to a publication that’s very blatantly an extension of the UPC coup. First Managing IP and now this. As we said in three articles a few months ago, judges ought not participate in this… it harms the perception of the court’s independence. Trials by media should be tossed out; they’re like online lynch mobs. They want people to focus on sentiments rather than factual substance.

“So we see that the judge is again speaking to a publication that’s very blatantly an extension of the UPC coup.”But wait. It gets worse.

Just when we thought JUVE was losing its credibility as an impartial publication it came up with this piece calling Justice Huber “the mastermind” (connotation with a crime).

Christina Schulze wrote: “Today the German Constitutional Court declared the German UPC Act of Approval void. Peter Huber, as judge rapporteur, is the mastermind behind the decision. Up to now, his contacts to the patent scene have been mainly private and through his family. This has changed with the UPC case. The issues involved fit perfectly into Huber’s legal history.”

Schulze did some splendid work when SUEPO’s conflict with Battistelli ‘boiled over’, so she should know better. Why does she start to involve the wife of the judge? They’re personifying the decision quite needlessly to discredit it. That’s like UPC zealots looking for ‘dirt’ on my wife to discourage me from writing. Some things ought not be done. Henrion sort of played along by tweeting: “You wonder if they were discussing about patents in bed: “His wife had made a career in Jena, and there were no suitable openings in the Bavarian justice system. In the end she moved to the Federal Patent Court.” https://www.juve-patent.com/news-and-stories/people-and-business/straight-shooter-the-judge-behind-the-german-upc-decision/ …”

“Schulze did some splendid work when SUEPO’s conflict with Battistelli ‘boiled over’, so she should know better. Why does she start to involve the wife of the judge?”Various outspoken Team UPC cranks and nuts went further than Henrion. This is tabloid-level reporting and it serves to discredit the professionalism of JUVE. What next? Paparazzi photos?

Schulze’s ‘boss’ Mathieu Klos did a non-step ‘marathon’ of UPC advocacy for at least a week after that, with misleading headlines like these (this isn’t reporting, it’s lobbying amplified) and selectively quoting in tweets, e.g.: “The UPC needs an unlikely majority to survive” “Hubris could finish off the UPC” “The UPC needs a will, as well as a way” and “The UK will move on without the UPC” Read JUVE Patent’s opinions on the future of the #UPC: https://bit.ly/39rMzAR”

JUVE is just selling agenda here. The UPC is illegal and unconstitutional. It’s also promoted by a ‘Mafia’, people who commit serious crimes at the EPO with complete impunity if not complicity of the EU. The FCC might look at a small portion of these abuses later this year and maybe issue further decisions as well.

Henrion quoted from JUVE: “Less visible is a growing lack of interest in the European integration project among the population as a whole, which the new patent court would stand for.”

“JUVE is just selling agenda here. The UPC is illegal and unconstitutional. It’s also promoted by a ‘Mafia’, people who commit serious crimes at the EPO with complete impunity if not complicity of the EU.”That has nothing to do with patents.

“Normal,” Henrion said, but “the UPC is not an EU agency, nor an EU project” (it’s another supranatural court living or floating in a vacuum).

Henrion went on to quoting further issues with the UPC, citing the legal experts (not Team UPC): “The UPC also violated Art. 3 (2) TFEU, the rule of law (Art. 2 sentence 1 TEU) and the right to effective defense (Art. 47 (2), Art. 48 (2) GRCh).” #RuleOfLaw @dreynders https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2020/02/rs20200213_2bvr073917.html [] “The Unitary Patent Court does not meet these requirements, so the UPC affects the autonomy of Union law and the system of legal remedies.” [] German Ministry of Justice: “The Federal Government issued an opinion on 15 December 2017. It considers the constitutional complaint to be inadmissible (a), but in any case unfounded (b).” [] “Article 262 TFEU already provides for the possibility of transferring sovereign powers to the EU, but instead the decision was taken to establish a patent court on an international legal basis that is outside the institutional framework of the European Union will” [] “The German Bundestag gave its opinion on the procedure by letter of 22 January 2018. He also considers the constitutional complaint to be inadmissible (a), or at least unfounded (b), due to the lack of the right to appeal and a sufficiently substantiated justification.” [] “The institutions to be set up by the Convention should not become independent because it was ensured that changes to the agreement by the Administrative Committee would not be made without the consent of the Bundestag” [...]” (there are further grounds upon which the UPC/A should be thrown out).

“When media and academia are bribed — unlike judges — we can typically discard their output. It’s stained.”Now, we’ve said a lot of negative stuff about JUVE. It never quotes us, it never reaches out to any UPC critics, but at least it did speak to Stjerna, whom it mentioned and quoted (“If, despite these problems, the German government continues to adhere to the Convention, a new constitutional review by the Constitutional Court will have to be considered, possibly of a complaint from a company. [...] The court did not even rule on the substantive complaints and even hinted at further constitutional deficits of the agreement.”) as noted by Henrion. The typical excuse for not quoting any UPC critics is to say something like, “they don’t understand!!!”

There remain a bunch of other complaints about the EPO; but the media might — probably will — look the other way (EPO paid it to ignore EPO scandals). When media and academis are bribed — unlike judges — we can typically discard their output. It’s stained.

As noted here in a tweet, even the Watchtroll pundits said that “Stjerna’s analysis shows that for first instance litigation, reimbursable cost under the UPC exceed reimbursable cost under the German regime by a factor of 3.64 on average…”

“Sir Henry Carr, QC,” Henrion noted, “summed it up in his testimony to parliament: “This complex structure is likely to be far more costly and burdensome for SMEs than the existing system in the UK.” https://www.ipwatchdog.com/2020/03/24/death-funeral-birth-german-courts-decision-upc-may-not-end/id=120104/ …”

“So-called ‘studies’. You know who paid for these studies. The same patent office which also pays various European publishers to lie to everyone about the UPC.”Suffice to say, the old lies regarding “SMEs” will prevail. Team UPC will keep telling us that “SMEs” stand to benefit from the UPC. The very opposite is what’s true.

A few days ago the EPO wrote: “When filing a patent application, you’ll want to consider not just the countries you want to target, but the ones most important to your competitors too. Why? Find out in our SME case studies…”

“The UPC push,” I’ve responded, “means that the so-called ‘SMEs’ you like to speak of are vulnerable everywhere and won’t benefit in any way from increased breadth…”

The EPO also wrote (again with the #IPforSMEs hashtag) that “[a] patent application can have significant business value, even though the patent is still pending. It was the case for one of the companies in our SME case studies…”

So-called ‘studies’. You know who paid for these studies. The same patent office which also pays various European publishers to lie to everyone about the UPC.

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. Links 24/05/2022: nginx-1.22.0 and WordPress 6.0

    Links for the day



  2. [Meme] Divine Protection

    You won’t find Monopoly Tony (António Campinos) wearing a mask at the EPO because the rules of the Office do not apply to him



  3. António Campinos and the Alicante Clique (EPO Management, Appointed Based on Nepotism Despite Lack of Qualifications) Nowadays Exploiting Kids for PR Charades

    The sick old habit of exploiting kids for Public Relations (PR) and marketing purposes is all too common at the EPO (they’re constantly exploiting “the children” to associate criticism of the EPO with demeaning the young and innocent), but the management — which enjoys nepotism and immunity rather than relevant skills — carries on today and it’s being called “inaugural”



  4. [Meme] Snake on a Plane

    The EPO‘s President ‘Monopoly Tony’ (António Campinos), whom you never see wearing a mask (none of the photo ops; he does not even socially distance himself from peers, he wears sneakers instead of masks) during the height of a pandemic, is the "f***ing president"; don’t tell him to wear one…



  5. Microsoft GitHub Exposé — Part XX — Entering Phase II

    We're about to resume the long-running series about the sick clique which ran GitHub until the assault on women became too much of a liability (among other wrongdoings and PR blunders)



  6. Links 24/05/2022: Fedora 37 Test Days and Tor Browser 11.0.13

    Links for the day



  7. Microsoft Vidal, as USPTO Director, Already Plays 'Political Cards' to Disguise and Deflect Away From the Corporate Agenda

    Microsoft Vidal, another corporate pawn in charge of the world’s most dangerous patent system, is using soft-spoken defle



  8. Links 24/05/2022: WAL-G 2.0

    Links for the day



  9. IRC Proceedings: Monday, May 23, 2022

    IRC logs for Monday, May 23, 2022



  10. Unethical Advertising, Published as So-called 'Articles', in CNX Software

    As we noted earlier this year, the CNX team is looking for money in the wrong places



  11. Links 23/05/2022: Broadcom to Buy VMware?

    Links for the day



  12. LibreOffice Conference 2022, As Before, Puts the Keynotes on Sale (the Rich Buy Influence, the Price Doubles)

    Discrimination against the community; talks and mentions are based on money, not merit ($2000 has become $4000 in just one year)



  13. Links 23/05/2022: Kdenlive 22.04.1 and New Alpine Linux Released

    Links for the day



  14. António Campinos Promotes Software Patents Using Buzzwords and Sketchy Loopholes With Dubious Legal Basis

    ‘Monopoly Tony’ (António Campinos) is shamelessly manipulating EPO processes at both ends (sender and receiver) to facilitate the illegal granting of invalid European software patents; we’re meant to think this former EU official and imposter (banker) is some guru in the sciences because he reads a lousy speech crafted for him with lots of meaningless buzzwords peppered all over it (he’s not good at reading it, either)



  15. [Meme] Jorgotta Be Kidding Us, Campinos!

    Monopoly Tony (António Campinos) runs the EPO by attacking the very legal basis of the EPO’s existence



  16. Unified Patent Court (UPC) Relies Too Much on Lies and Mischief Without Any Basis in Law

    Today’s video runs through the typical (weekly) lies from Team UPC — lies that are very easy to debunk; Team UPC not only drafted the thing but also looks to profit from it while misleading politicians and bribing publishers to spread intentionally misleading statements (lies)



  17. IRC Proceedings: Sunday, May 22, 2022

    IRC logs for Sunday, May 22, 2022



  18. Links 23/05/2022: Fedora 36 Reviewed

    Links for the day



  19. [Meme] It's My Working Party... And I'll Cry If I Want to!

    EPO President António Campinos is still not being held accountable for his Code of Conduct violations



  20. Links 22/05/2022: The 5.18 Kernel is Out

    Links for the day



  21. Gemini is Bigger Than Most People Care to Realise

    Geminispace has gotten to the point where it's too computationally expensive (or outright pricey) to study, let alone keep abreast of, Gemini capsules or the domain space as a whole



  22. Links 22/05/2022: Rock64 and Peppermint OS Release

    Links for the day



  23. [Meme] UPC is Always Next Year (and Next Year It'll Surely be the Year After That)

    The UPC will come “next year”, just like every year (since almost a decade ago) just because the lunatic promises so and crushes the law, quite frankly as usual, cusioned and protected by the UPC lobby



  24. UPC: Turning Patent Lawyers Into Liars and the Media Into Their Money-Grabbing Megaphone (Platform for Fake News)

    The above 26 screenshots (with necessary annotation added) hopefully illuminate the degree of deceit, manipulation, bribery and distortion of public discourse (fake news and advocacy of patently unlawful activities)



  25. Number of Working/Online Gemini Capsules, Known to Totally Legit Gemini Search (TLGS) and to Lupa, Exceeds 2,500

    Assuming that Lupa reduced its crawling capacity (this graph seems to confirm this), we’ve decided to aggregate data from 3 sources and assess the size of Geminispace; Lupa says it can see 1,947 active capsules, but there are many more it has not kept track of



  26. [Meme] Monopoly Tony

    The gentlest, kindest president the EPO ever had



  27. It Took Campinos Three or More Years to Undo Illegal Battistelli Actions on Boards of Appeal and Strike Regulations (Only After Losing at ILO-AT!), But He Does Not Mention That

    Let’s all remember that as the EPO‘s so-called ‘President’ António Campinos (Monopoly Tony) vigorously defended completely unlawful actions of Benoît Battistelli until courts compelled him to stop doing that (Strike Regulations); notice how, in the video above — a portion of this full clip from several months ago — he did not bother mentioning that for 3.5 years that he had “led” the Office the Boards of Appeal were in exile, in direct violation of the EPC, yet nobody is being held accountable for it



  28. IRC Proceedings: Saturday, May 21, 2022

    IRC logs for Saturday, May 21, 2022



  29. Links 22/05/2022: Free Software Developments in Bratislava

    Links for the day



  30. Gemini is the Direction the Paginated Internet Should Have Taken (Not Bloated Web With JavaScript and DRM)

    An update on Gemini and why you might wish to explore it (if you aren't using it already)


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