Bonum Certa Men Certa

Supreme Court of the UK, Which Habitually Throws Out European Patents, May Overturn Troublesome Unwired Planet v Huawei Decision

Bad news for patent trolls and their legal representatives (the likes of Bristows/Team UPC)

A jungle
"But they're GREEN monopolies! They're GREEN!!!"



Summary: A lot of European Patents are facing growing scrutiny from courts (Team UPC, including Bristows, publicly complains about it this month) and "greenwashing" of the Office won't be enough to paint/frame these patents as "ethical"

HAVING just covered the German Federal patent court's take on SPCs, weakening/limiting the breadth of some European Patents, let's also consider the fact that Mayo may cause the USPTO to reject similar patents in the US (patents on food). Today's EPO, under the leadership of António Campinos, is arguably more lenient than the USPTO. Some people from Team UPC have said that software patents are now easier to get in Europe than in the United States (where such patents originally came from, due to the Federal Circuit's decision/stance about half a century back). Owing to 35 U.S.C. €§ 101/Alice (US Supreme Court), software patents are pretty much worthless in American courts nowadays; the same goes for patents on nature, owing for the most part to Mayo (there's also Myriad). Weeks ago we saw the UK Supreme Court (highest British court) knocking down a European Patent on natural compounds (where the supposed innovation was a recipe).



Are we indeed seeing the Alpine avalanche of European Patents? Is it the beginning of the collapse? The rumbling of snow? Sooner or later it will come down and it will cover everything in its path.

Yesterday we caught this important new blog post from Florian, who we knew back then would be followed by a lot of 'press' coverage (authored and published by law firms, not actual journalists, i.e. the usual). It's about the most infamous patent troll of Ericsson, whose legal wars in London posed a great threat to British software companies. The name of this troll keeps changing -- pretty normal practice among trolls looking to dodge the negative past publicity. It's currently known as "Unwired Planet" and we included articles about this latest development in yesterday's (afternoon) daily links alongside this coverage by Rose Hughes for Richard Vary (Bird & Bird, Team UPC, FRAND zealots). We prefer not to link to it (published 35 minutes after Florian's blog post) because that tends to promote lies of the FRAND lobby. This blog typically pushes such coverage (on this case and this topic in general) from "AmeriKat" (Bristows), but this time it's their 'sibling' Bird & Bird. Expect Bristows to say much more (and complain) in blogs such as IP Kat and Kluwer Patent Blog in the coming days. To quote Bird & Bird: "As discussed on IPKat here, the Court of Appeal decisions in Unwired Planet and Conversant were significant. The Court found that the English courts have jurisdiction in considering and determining the terms of a global FRAND licence. The courts could not force Huawei to enter into a global licence. However, the court could prevent Huawei from using the technology to which the SEPs relate, unless they entered into a global licence."

It would not at all surprise us if these patent trolls are Bird & Bird clients (without disclosure), i.e. they represent these parasitic, villainous trolls. The case in question relates to a patent troll of Microsoft, albeit indirectly. This troll is currently called "Conversant" (formerly MOSAID) and maybe it will rename again in the future. Their names are a dime a dozen and they don't have any real operations. They don't need a brand; they sell nothing.

The above case may serve to overturn a dangerous decision that threatens Free/libre software among many other things (including fair competition). When shifting to courts outside the UK, as they sometimes do, trolls want decisions that are more favourable to them (e.g. in Eastern Texas and its German equivalents). Thankfully, the UPC(A) seems to be permanently dead. More dead than ever. We're past Easter now and there's no sign of progress. Seeing the judges' persistent 'exile' in Haar, the FCC in Germany won't be impressed. The EPO cannot be trusted with anything. "The Convention watchdog" left this comment some days ago and hours ago it was belatedly (almost a week late) approved. It says:

As to geography:

To make it quite clear, the Landkreis München is not a broader area than the City of Munich but a different area. It comprises municipalities outside Munich but not Munich itself.

In this respect, the referring decision addresses an interesting point at Reasons, pt. 3.3. The Headquarters Agreement between the European Patent Organisation and Germany, concluded implementing Art. 25 of the Protocol on Privileges and Immunities, contains in its Articles 11 and 12 provisions on the premises of the Organisation in Munich and of the Berlin sub-office. The Berlin sub-office has its legal basis in Section I, Article 3 a) of the Protocol on Centralisation which is part of the Convention pursuant to Art. 164 (1) EPC. The case of Rijswijk is governed by the corresponding Agreement with the Netherlands, defining in its Article 1: "branch" means the branch of the European Patent Office at The Hague (Rijswijk), in order to make clear that the existing premises of the IIB are covered by the Agreement and the Protocol on Privileges and Immunities. In any case this shows that the legal situation for Berlin and Rijswijk is different from the situation for Haar. The competence in Article 7 EPC to create further sub-offices does not cover sub-offices for the departments of the EPO entrusted with procedural functions under the Convention.


Another person then wrote: "Why does the possible interpretation of "Munich" as "Landkreis München" have to be *exclusive* of the City of Munich? Would it not also be in keeping with the Vienna Convention to interpret "Munich" in Art. 6 EPC as meaning "a location within either of the City of Munich and Landkreis München"?"

Imagine what would happen if all patent cases were decided by the same system that kicked out these judges to Haar, probably in direct violation of the EPC. As an act of retaliation (or scare tactics) from Office management...

Today's EPO lacks legitimacy and Campinos has done absolutely nothing to change that. It's like "greenwashing" of the Office, a man with a smile who stabs you as soon as you turn around.

Speaking of greenwash, there's this new article about the EPO's PATSTAT. It's about patent monopolies on "sustainable innovation", i.e. things you are not allowed to do in order to combat climate issues. Here they go again with epic greenwash:

Green Tech DB uses patents in order to provide a database that offers a comprehensive overview of the developments of Green Technologies worldwide.

Researches use the PATSTAT 2016a database as their patent source; which is produced by the European Patent Office (EPO). “The main advantage of using PATSTAT, a database produced by the European Patent Office, is to have information about patent applications that covers more than 80 different countries. As a patent is a legal object, information available in different patent databases is similar, what differs is the coverage across time and countries, and PATSTAT has one of the best coverage.”


The EPO's database of patents used to be a source of envy, but nowadays it is polluted by loads of bogus patents which would cost a fortune to invalidate.

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026