Bonum Certa Men Certa

Erosion of Patent Justice in Europe With Kangaroo Courts and Low-Quality European Patents

And they want to start the UPC?!

Animal Office



Fair trial



Summary: The problematic combination of plaintiff-friendly courts (favouring the accuser, just like in Eastern Texas) and low-quality patents that should never have been granted

AS WE noted here the other day, UK-IPO patent filings fell. Only patent maximalists would sob over this because it might simply mean that patent quality improved and besides, as Managing IP has just pointed out, trade marks registrations are soaring, highlighting a potential change in strategy. The latter aspect too was pointed out by us two days ago. To quote:



A report released by the Intellectual Property Office details trends in patent, trade mark and design filing between 1995 and 2017


Patent quality matters a lot. It matters most. Without it, embargoes might be unjustly imposed, e.g. by the ITC (UPCA makes provisions for equally if not more draconian measures). What ever happened to "innocent until/unless proven guilty"?

"Patent quality matters a lot."Earlier this week we mentioned a lawsuit involving European Patent 1,139,562, which doesn't sound particularly sophisticated. As WIPR has just put it, "Motorola announced yesterday, July 17, that the court determined that China-based Hytera is infringing Motorola’s European patent 1,139,562, which covers technology that improves the audio performance in two-way handheld radios and car radios."

Hytera has called it “nuisance litigations” [1, 2] and "software" is being mentioned:

Radio manufacturer Hytera has filed a petition at the US International Trade Commission (ITC) requesting review of a ruling issued by the body on 3 July which upheld rival Motorola Solution’s complaint of patent infringement against the company.

In the complaint, Motorola alleged that Hytera is unlawfully importing and selling two-way radio equipment and systems, and related software and components that infringe four of Motorola Solutions’ patents.


Let this be a cautionary tale about hastily-granted European Patents and hastily-judging agencies like ITC, which months ago arrogantly disregarded the Patent Trial and Appeal Board's (PTAB) decision in an inter partes review (IPR) against Cisco.

"What ever happened to "innocent until/unless proven guilty"?"Do we want this kind of thing in Europe? Shooting first (with questionable patents), asking questions later? Raids, confiscations and embargoes before justice begins (or is concluded)? Kangaroo courts like Battistelli's? Which call those who speak out against corruption "mafia"? Projection tactics?

Mafia caricature

Recent Techrights' Posts

IBM's Total Debt is About to Hit Almost 80 Billion Dollars, the Company Can Only Raise $14.8 Billion Within 3 Months
Route towards insolvency, not just irrelevancy
IBMers Impacted by the Mass Layoffs (Which IBM Tries Not to Talk About) Are Livid as the CEO "Spends 11 Billion He Doesn’t Have"
IBM dooms both its brand and its future
Consumerism and Christmas
Many of us yearn for prior decades when December was about family, not shopping
OpenAI Traffic Collapsing (for 3 Months in a Row About 20% Down Per Month), Bankruptcy Likely Soon
How much time has OpenAI got before its massive debt is too much for anyone to shoulder or bear?
IBM + NDA = Laid Off Workers Saying "Thank You" for the Layoffs
The important thing is, for now, more people become aware of it
 
Slopwatch May be Doomed
Slop isn't changing the world, certainly not in a good way anyway
BetaNews Still a Dodgy Site, It Seems to be Partly Run by Chatbots
The company that took over apparently tries to "monetise" the domain with slop
Tomorrow the EPO Administrative Council is Meeting to Discuss the EPO, Contact Your National Representative Today
Final versions of the EPO Administrative Council photo gallery
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 08, 2025
IRC logs for Monday, December 08, 2025
'Linux' Foundation 'Research' (Marketing) Has New Report About "Open Source" and It Was Made Using Proprietary Software and Not Linux
what 'Linux' Foundation 'Research' is
Links 08/12/2025: Cambodia-Thailand Air Raids, Japan/China Military Incident
Links for the day
The "Cut 10,000 Jobs" Clickbait and Microsoft Sites Now Speculating That Microsoft CEO Has Just Signalled More Mass Layoffs
by our tally, Microsoft had more than 30,000 layoffs this year, not 15,000
Canonical Outsourcing Ubuntu to Microsoft Results in Broken Ubuntu, Just as One Can Expect
State actors and Microsoft prefer it that way
Mocking a Software Developer for Using the Terminal or Programs Like Emacs
A decade ago someone asked RMS (Richard Stallman, founder of the free software movement) to send a screenshot
Monsieur Claude Sahl, Part of the Administrative Council of the EPO (Which Fails to Administer the EPO), Has Been There For Over 30 Years
They have basically built themselves a very expensive palace in Bavaria (Germany), in which to grant European monopolies to billionaires and companies that aren't even European
Open Letter to the Administrative Council of the EPO Calls For Action as Salaries Decrease (Just Like Patent Validity)
Based on what I heard and spoke about with journalists, they accept there is a substance abuse problem at the EPO's management
Links 08/12/2025: "Leaving Intel" (Exodus Continues) and Ways "to Civilize Digital Life"
Links for the day
Gemini Links 08/12/2025: Earbuds and Offline 'Smartphones'
Links for the day
Books About Bubbles
calling things "AI" and "AIs" can mislead the reader
Links 08/12/2025: Slop Failing and Windows Users Won't 'Upgrade' Due to Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 07, 2025
IRC logs for Sunday, December 07, 2025
IBM's Mass Layoffs Will Continue Until Morale Improves
From recent hours
Links 07/12/2025: Political Catchup, Conflicts, Environmentalism
Links for the day
Gemini Links 07/12/2025: "Lazy Saturday" and Kubernetes With FreeBSD
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 06, 2025
IRC logs for Saturday, December 06, 2025