Bonum Certa Men Certa

IP Kat or IP Troll? IP2Innovate Warns That UPC Would Help Patent Trolls While IP Kat Promotes UPC

Now we have even massive corporations on our side, gently antagonising the Unified Patent Court (UPC)

IP2Innovate
Who's behind IP2Innovate? Some big names.



Summary: The fightback against the UPC finds unexpected allies -- those who are clearly concerned about the detrimental effects that the UPC would have on practicing businesses

THE EPO cannot be replaced per se by the UPC, but UPC-like regimes can transform the EPO in defiance of the EPC and thus violate not only national laws and constitutions but also the very vision and rules, whose violation should be the deprecation of the EPO itself. The whole thing is a disaster in the making and what looks like EPO insiders can't be blamed for being angry at IP Kat for aiding Battistelli's UPC agenda. They continue to slam IP Kat for its UPC lobbying/agenda-driving effort and here is the latest comment about it:



Quite frankly, the opinion of this author whose firm is heavily invested in the UPC is as biased and thus irrelvant as that of the other UPC proponents. They are all in vain trying to cherrypick from the apparent mess something to suit their needs and further their agenda. Whether it's Tilmann, Mooney, Hoyng or now Mr Smyth.

They start suble exercises of interpreting official statements e.g. by the government or even the CJEU (Opinion 1/09), giving them a meaning that was certainly never thought of nor intended. The technique is always the same and one is left to wonder whether these people, apparently lacking any meaningful level of creativity, do really think that they can still be taken seriously.

An inevitable part of their story always is the remark "How numerous are likely to be CJEU referrals by the UPC anyway?" Quite frankly, as it has been pointed out elsewhere (bit.ly/2k0nOCV), in the end it may well be that CJEU involvement will not be as limited as now alleged. Of course, this allegation likewise serves the purpose of trying to paint the UPC picture that everything will be fine and coherent, but in reality it is not. The stage has already been set for allowing the CJEU to assume interpretation competence also with regard to interpreting material patent law, some unwary commentators have clearly said so, Mr Tilmann being amongst them. The main purpose of the 'compromise' on Articles 6 to 8 apparently was to hide this CJEU competence for later, until it can be 'activated'.

But, of course, how would any UPC proponent ever be willing or able to just notice the facts and discuss on this basis, they rather prefer to build their own reality and sell this to others as facts.


As some people may have noticed, there is now a corporations-backed push which antagonises the UPC. That's what we have been waiting for. Suffice to say, low patent quality leads to and supports patent trolls, as clearly shown in the US, China, etc. Battistelli actively supports trolls if he persists with that UPC crusade of his. Even large companies are growing nervous about it and some are eager to push back. One UPC observer/critic wrote that "patent trolls cases outside the US-German courts see more than 2/3 of all patent litigation held in Europe [...] [quoting the relevant document] 'Germany (and China, another bifurcated country) offers the best patentee win rate in infringement actions' #unitarypatent #UPC #NPEs"

This is recognition of the contribution of UPC to trolling. The relevant citation for this is "The Rise of Non-Practicing Entity (NPE) Cases Outside the United States", citing “Global Patent Litigation: How and Where to Win” from Michael C. Elmer and C. Gregory Gramenopoulos.

The UPC would be ever more useful to trolls now that a lot of bad patents are being granted in error. Last night we saw this puff piece titled "EPO Grants Record Number of European Patents in 2016", but a better headline would be: "EPO doesn't do quality control, just grants patents like a factory."

This isn't the fault of examiners by the way but the fault of policy (i.e. management).

Many of us software developers are concerned. The fear of patent trolls in Europe is real and was covered last night by Florian Müller, whose company would definitely be an attractive and ripe target for trolls. Several people associated with FFII have already felt the wrath of trolls (it devastated their employers). Here is a new article about the story which we believe a press release 'broke' (with Müller first to cover it):

‘Trolls’ file a “staggering” 20% of patent lawsuits in Germany, according to an advocacy coalition with members including Adidas, Google, Intel and Spotify.

IP2Innovate, formed last year, alleged that that EU is facing an “explosion” of patent infringement suits from patent trolls that are abusing Europe’s legal system for financial gain.

In a press release issued on Tuesday, April 4, the advocacy group demanded urgent action from the European Commission.


Here is the key part: "Patrick Oliver, executive director of IP2Innovate, said: “The risk will only increase with the implementation of the Unified Patent Court, which will make Europe an even more attractive venue for patent abuses. The European Commission must get tough with US patent trolls.”"

Indeed. Thank you, Sir.

It's time for everyone -- EPO insiders included -- to recognise that the UPC is an enemy of Europe and only a friend of few large corporations and their patent lawyers, who regularly lie 'on behalf' of SMEs.

Recent Techrights' Posts

Morale at Microsoft Sinking, More Layoffs Expected, Stock Buybacks Blasted
controversial because they should really be illegal
The Kubecost Acquisition Does Not Show IBM is Rich, It Shows It Wants to Distract From Mass Layoffs Happening This Week (Thousands Laid Off in the Dark)
So-called "news deserts" have become a national and international phenomenon (not local/regional)
 
Links 18/09/2024: Web Server Survey Shows Microsoft Down Again, Omkhar Arasaratnam Leaves Microsoft-connected OpenSSF
Links for the day
Links 18/09/2024: Gaming Layoffs and New Openwashing by Linux Foundation
Links for the day
Gemini Links 18/09/2024: Home, Ashram, and Markdoc
Links for the day
[Meme] Think. Positive. Saturate the Media.
IBM: Layoffs? What layoffs?
IBM Has Been Lobbying for Software Patents, It's Not the Free Software Community's Ally
The ancient company has been lobbying for these patents for decades already
Over Half a Day Later the Media Still Doesn't Cover Thousands of Layoffs at IBM
Not even a single news site bothered to investigate and report this? Not even one?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 17, 2024
IRC logs for Tuesday, September 17, 2024
IBM Befriends and Exploits the Biggest Enemy of Software Freedom (Software Patents)
Software Patents and IBM in Today's News
Many Workers Quietly Leave Microsoft, the Company is Running Out of Money (Too Much Debt and Now Massive Buybacks to Keep the Shares From Collapsing While Hiding Humongous Losses)
I've heard of people who just decided to quit Microsoft. They could not handle the anxiety.
Links 17/09/2024: Volkswagen Layoffs May Exceed 15,000, Sean ‘Diddy’ Combs Arrested
Links for the day
Gemini Links 17/09/2024: Re-framing of Priorities and Journalists
Links for the day
The Linux Foundation is Associating Linux With Scams and With Scam Sites Right Now (Like the Wife of Jim Zemlin Did)
they profit from the sellouts
Mass Layoffs at IBM Today, Just Like Prominent Rumours Said Upfront
past couple of hours
Google's YouTube Already Blocking People Who Block Ads
YouTube feels like it's dying
Links 17/09/2024: More on Microsoft Cuts and XBox Backward Compatibility Issues
Links for the day
IBM is Acting No Better Than Patent Trolls, Preying on Smaller Companies by Suing Them With Software Patents
No Red Hat employee should tolerate this aggression by the employer
Something Has Gone Very Wrong at iTWire
"iTWire has descended into marketing spam"
The Hallmark of a Dying Company Running Low on Money (But Still Trying to Hide That)
Microsoft should look into selling red markers
UEFI 'Secure' Boot Has Put Security at Risk, Suggests New Report
We're vindicated once again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 16, 2024
IRC logs for Monday, September 16, 2024
Links 17/09/2024: China Sanctions and Breadth of Latest Microsoft Layoffs Elaborated Upon
Links for the day
Gemini Links 17/09/2024: Small Improvements in Carbon Capture and Pseudo-Productivity In Java
Links for the day
'Open'AI Looks Like a Company Headed Towards Bankruptcy, Not IPO, Losses Grew Almost Tenfold in a Year (Yes, it's Just a Bubble Facilitated by Artificial Hype)
This isn't going to end well, especially not for Microsoft
Apple is Canceling Products, Services, Even Lays Off Staff in Large Numbers Every Few Months
Apple cancelling some more things
Later on Elon Musk Wonders Why Large Nations Block His Pet 'Social Control Media' (Incitement/Radicalisation) Platform...
This isn't a question of "censorship" because there's a call to kill
Microsoft: Layoffs Are Growth
Orwell would have loved this newspeak
Links 16/09/2024: Verizon Layoffs, 'Tram Driver Olympics', and Anniversary of Mahsa Amini's Death
Links for the day
Gemini Links 16/09/2024: ROOPHLOCH and MyGemini.Space
Links for the day
Invidious Instances Explain What Google/YouTube (Alphabet/Pentagon) Did To Them This Past Week
They're unambiguous about this
Dr. Richard M. Stallman (RMS) on How to Make People Care About Free Software and Why Prohibiting Proprietary Software Would Not Work
"maybe a similar general approach could work with non-Free software as a way of discouraging it from being a successful business."
Please Quit Uploading Event Talks (Especially of Free Software) to YouTube
This is enshittification
Links 16/09/2024: Shrinking Economy, Climate Issues, Soaring Energy Costs
Links for the day
'Former' Microsofter Jason Perlow Left Linux Foundation
The "communication" people from the Linux Foundation are basically scammers
MyGem Launched to Make Adoption of Gemini Protocol (With Gemini Hosting) a Lot Easier
a new week and also a new capsule
Disregard for History is Disregard for (Computer) Science
They're killing the real entrepreneurs and innovators
Dr. Richard M. Stallman (RMS) on His Hobbies and Health
Answering a question from the audience in Germany
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 15, 2024
IRC logs for Sunday, September 15, 2024
Gemini Links 16/09/2024: billsmugs.com Becomes rainywhile.net, Zaurus on Internet
Links for the day