Bonum Certa Men Certa

The Patent Litigation Bubble is Imploding in the US While the UPC Dies in Europe

Scientists have the upper hand after all; the so-called 'litigation industry' loses grip

"The day that the software sector forms a clear front against software patents, as pharma does for a unitary patent system… will be the day our cause comes close to winning."

--Pieter Hintjens



Summary: The meta-industry which profits from feuds, disputes, threats and blackmail isn't doing too well; even in Europe, where it worked hard for a number of years to institute a horrible litigation system which favours global plaintiffs (patent trolls, opportunists and monopolists), these things are going up in flames

THOSE who make a living out of science and technology may sometimes pursue patents. Readers of ours, including workers of the European Patent Office (EPO), already know too well that we're not against patents, we're against software patents. Some people make a living out of litigation alone, notably lawyers and patent trolls. They're parasites that merely tax science and technology and it would be a shame if these parasites took over the patent system -- a subject we'll address in our next post.



In reality, however, the trend in the US is encouraging; litigation that involves patents -- typically software patents -- has nose-dived and patent maximalists' front groups hope for salvation, bringing up news from as far back as October. "ICYMI," (in case you missed it) they wrote this week, "Fmr. @USPTO Dir. Kappos and Judge Michel in @MorningConsult: #SupremeCourt decisions on #patent subject matter eligibility are undermining health care #innovation. https://morningconsult.com/opinions/supreme-court-patent-decisions-stifling-health-care-innovation/ …"

"In case you missed it," I've told them, "David Kappos is now a lobbyist. USPTO encourages this kind of corruption." (former officials becoming lobbyists)

Meanwhile, Dennis Crouch published for patent maximalists and then revealed just how patent maximalists react to the implosion of the patent litigation bubble in the United States Patent and Trademark Office (USPTO). "District Court Patent Litigation Way Down," says the headline, which is based on data from LexMachina. To quote: "There are several ways to measure the relative amount of patent litigation — but the easiest way is to look at new case filings. The chart below comes from LexMachina data and includes a forecast for the remainder of 2018. Note the continued slide in patent infringement complaints — down about 45% from 2013."

We took note of it earlier this year. It's pretty remarkable. It's also devastating to courts that gambled on attracting trolls.

Now, what about Europe? Data indicates that patent trolls are definitely on the rise in the EU, especially in Germany. This is exactly what Team UPC wants as many of the pertinent firms work for patent trolls, many of which aren't even European.

Yesterday we stumbled upon not one but several misleading news articles and blog posts. Here's a short roundup. "Guest contributor" (anonymous person who could just as well be a PR agent of the EPO) wrote this nonsense in a so-called 'news' site called "EU Reporter" (little but a marketing site). It's like an EPO press release (almost). Who's behind it?

Kluwer Patent blogger (probably Bristows) has meanwhile published "US Food Drug Administration will follow EMA and relocate in Amsterdam". This may sound like a post about EMA, but it then goes on (pivots) to the completely unrelated lies about the UPC. This is what it said yesterday:

Whether the Brexit will lead to a relocation of the central division of the Unified Patent Court (UPC), specialized in life sciences and envisaged for London, is still an open question. Supporters of the Unitary Patent system hope the UK can stay in the system and London can keep its court branch. There has been a lot of debate whether this is possible – and even more about the question whether the UP system is likely survive the Brexit and the German constitutional challenge.

At a conference earlier this week however, Attilio Fontana, governor of the Italian region of Lombardy, made clear that he thinks the London based branch of the UPC central division should be assigned to the city of Milan.

According to the Italian press agency Ansa he said that after losing the EMA to Amsterdam: “Milan and Lombardy are the best place for the location of the patent court. (…) we must not make the same mistakes as happened with the assignment of the EMA. (…) The seat has to be reviewed immediately after the Brexit, and a joint effort is required of the Lombard government, region and municipality. The conditions for the assignment, I believe, are all there.”

Since the Brexit referendum of June 2016, organisations and government officials in Italy have claimed several times (see this post, for instance) the London division of the UPC should go to Milan.


Notice how they pack the two famous lies (that UPC is about to start and the UK can join with it only being a question/matter of time). It would not at all surprise us if Bristows wrote the above, exploiting the EMA news to interject these lies (repetition).

We've just noticed similar talking points from Morrison & Foerster LLP's Alistair Maughan, Wolfgang Schoenig, Sana Ashcroft, Robert Grohmann and Jana Fuchs and this from Herbert Smith Freehills LLP's Sebastian Moore, Sara Balice and Martina Maffei. They published something titled "Italy Moves the Unitary Patent a Step Closer" to give the completely false illusion (delusion) that UPC is coming. Never mind if 'unitary' patents were never enshrined/granted and whether Italy can at all do anything when Germany refuses to ratify (Germany is far more important to this than Italy).

As it stands, there's no "agreement between the UK and EU27", only a proposed one that will likely get rejected anyway, but watch what "Cambridge Network" published yesterday. It let a bunch of litigation firms lie about the UPC e.g. "retaining the UK in the Unitary Patent Court" (retaining something which does not exist and will never exist?).

Here's the relevant part:

The document on the intended future economic relationship contains a single point on Intellectual Property: “Protection and enforcement of intellectual property rights beyond multilateral treaties to stimulate innovation, creativity and economic activity”. The meaning of this point is not clear, but could refer to retaining the UK in the Unitary Patent Court (‘enforcement beyond multilateral treaties’) and extending the reach of the EUIPO post-Brexit to the UK (‘protection beyond multilateral treaties’). This will be something to watch closely.


We understand that people who make a living from litigation want lots and lots of patent lawsuits. We totally get that. But at whose expense? Europe needs to find the balance between patents and innovation; overpatenting demonstrably harm innovation. UPC is all about overpatenting (so as to spur more lawsuits).

Recent Techrights' Posts

Richard Stallman Back at the "Rudolf-Diesel" Hörsal "MW 2001" in About 40 Hours
He spoke there before; there's a very high seating capacity there
US Government: 6.1% of Site Visitors Use GNU/Linux
GNU/Linux has a considerable share and it is growing
Why the FSF No Longer Recommends Debian, as Explained by Richard Stallman This Month
some weeks ago
 
Slop Turns People Off (LLMs Lack Intelligence, They're Just Plagiarism Powerhouses That Fail to Deliver Any Real, Measurable Value)
"More" (or "MOAR") isn't always better
IBM Red Hat Has Re-calibrated or Adjusted to Bubble Economics, False Promises, and Slop/Plagiarism
This won't end well
Fake Numbers, Fake Claims, Fake Economy, and Media Grifters That Prop Up Fraud
Grifters like The Register MS won't be looked upon kindly after the bubble implodes
For Some, the GNU Web Site is Not Accessible This Week
They seem to have gone into some kind of lock-down mode
Symptoms of Upcoming Microsoft Layoffs in XBox
A crashing franchise
Psychiatrist confession: Germanwings crash & Debian toxic culture recognized before suicides
Reprinted with permission from Daniel Pocock
Gemini Links 19/10/2025: Scentjacking 101, Slop Hype Boosters, and Steam Next Fest
Links for the day
Slopwatch: The Serial Slopper, LinuxSecurity, and Google News
Let's hope slopfarms die as soon as possible
Links 19/10/2025: Cambodia Scam Centres, Slop Hurting Wikipedia Traffic
Links for the day
As Economies Crumble Free as in Beer Will Matter, Not Just Free as in Freedom/Libre (Libertad)
French regions choosing to embrace Software Freedom
25 Years Ago, an Explanation of How Reducing Free Software to 'Apps' Would Interfere With Freedom Goals
there's nothing unreasonable about it
A List of 63 Known Gemini Clients (Software to Browse Geminispace Content With Gemini Protocol)
Not counting browser plugins for Web browsers
Gemini Links 19/10/2025: "Firma Odin Is Transforming" and Bot Attacks While "AFK"
Links for the day
LLM Slop Could Not Rise to Prominence Without Media Complicity and Artificial Hype
Inane garbage disguised as "journalism"
All the Latest Half Dozen Articles by Mehedi Hasan (UbuntuPIT) Only Admit at the End That He's Using LLM Slop
Disclosure is OK, but the practice of using slop is not
The 'Modern' Web of Fake Security and Easy Censorship of Whole Domains
Each year it gets worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 18, 2025
IRC logs for Saturday, October 18, 2025
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025
[Video] Dr. Richard Stallman at Technické Univerzitě v Liberci
New/via libre-liberec.cz
Slopwatch: LinuxSecurity, Linux Journal (Slashdot Media), UbuntuPIT, and Google News (Noise)
egregious plagiarism
Links 17/10/2025: Better Answers Sought After Air Crashes, "China Fans Patriotic Sentiment as Trade War With U.S. Heats Up"
Links for the day
Security is Desirable, But Not When the Term Security is Misused to Imply Centralisation of "Trust" (Whose?)
'Security' is not an excuse for vendor lock-in
Links 17/10/2025: Fentanylware (CheeTok) Causing Problems, Japanese Government Blasts Slop
Links for the day
The Linux Foundation Seems to Have Turned Linux.com Not Only Into a Spamfarm But Also LLM Slopfarm
it's polluting the Web, even important domains like Linux.com, with spam and LLM slop
Links 17/10/2025: UK’s Largest Breach Penalty and Windows TCO Examples
Links for the day
Go Watch Video About Librephone, Get Microsoft Ads
Very ethical company...
Campaign of Defamation Against the People Who Built NixOS (and Are Now Pushed Out From Their Own Project)
We've already grown familiar with - and resistant to - such tactics
Links 17/10/2025: Nestlé Crisis, Canada Post Versus 'Gig Economy' [sic] and Vista 11 Breaks Itself
Links for the day
Tux Machines Has Helped Separate Opinions/Analysis From News
In September 2023 we decided to split things apart and not repeat links in both sites
Tux Machines Has Improved Navigation of GNU/Linux and BSD News
Some more 'wiring' work
What a World Would Look Like If Everyone Used Free Software Only
Freedom is what matters, not "Open".
The Media Helps Microsoft, Amazon and Others (GAFAM and Beyond) Lie About Mass Layoffs Amid Valuation Bubble
The media, instead of saying that there's an "AI bubble" crashing the economy might instead choose the narrative of "jobs replaced by AI"
Bad Tempered? You Might Have Just Given Away That You're Losing the Argument
Brett Wilson LLP is fully aware that it is being investigated
Richard Stallman (RMS) is a Target of Defamation Campaigns Because of His Views on Software (But Politics Are the Excuse for Defaming Him)
Here in this site we try to refrain from politics, except in Daily Links
End of Vista 10 and Rise of GNU/Linux as Client Side Operating System
It seems certain GNU/Linux will grow in popularity over time
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day