Bonum Certa Men Certa

IP Kat Pays the Price for Being a Megaphone of Team UPC

Some proponents of the Unified Patent Court (UPC) have taken a cloak of anonymity because they know they're lying; they don't want to take responsibility/face accountability for it.

UPC PR Kat

Summary: The typical or the usual suspects speak out about the so-called 'prospects' (with delusions of inevitability) of the Unified Patent Court Agreement, neglecting to account for their own longterm credibility

THE Campinos/Battistelli-led European Patent Office (EPO) no longer mentions the UPC. It's hard to even recall the last time 'unitary' anything was mentioned by the EPO. Team UPC is another matter. These charlatans and frauds spent at least half a decade of their lives on this destructive legislation, wrongly assuming that in the name of "community" or "unity" or "EU" it'll pass smoothly with whatever horrific clauses are contained in it (written by litigation firms and their lobbyists).



"These charlatans and frauds spent at least half a decade of their lives on this destructive legislation, wrongly assuming that in the name of "community" or "unity" or "EU" it'll pass smoothly with whatever horrific clauses are contained in it (written by litigation firms and their lobbyists)."Years ago IP Kat was still quite credible and scholarly (with Jeremy as its editor, not just its founder); we're sad to see what it has become, rotting like most media, turning to PR/marketing and lobbying. We know whose. Just check the writers' professional affiliations. It's rather gross. Might as well rebrand/rename to "Litigation Kat".

"No rush for the UPC" responded to this recent post from IP Kat. He or she calls out this book and promotional puff piece for advancing Team UPC's lies and the motivation for these lies:

The book might only become interesting should the UPC come into force, and nothing is less sure than this. With the present UK PM, one can have reasonable doubts that a reference to the CJEU will be tolerated after Brexit.

On the other hand, the RoP have not yet been adopted by the Commission. So the book appears a bit too early. On the other hand, the RoP contain procedures unknown in most Contracting States, like forced intervention. A decision of the UPC might be applicable to a third party not having taken part in the whole procedure! I doubt that this can be constitutional in a number of Contracting States.

The heavy reference to German decisions is not a surprise for those having witnessed the various mock trial conducted in different places.

One observation was that reliance on national traditions was very heavy, especially if the panel is composed with two judges of the same nationality. They can easily outvote the third judge, or ignore the technical judge, as the chairman has a casting vote.

The Court of Appeal of the UPC will have a lot of work and it is only after enough decisions of the Court of Appeal, that it will be possible to say that the UPC will be successful or not. Then a book might be justified, but not presently.

One could also consider that the book is a call to the German Constitutional Court to dismiss the objections of Mr Stjerna. One of the publishers of the present book has clearly taken position in this respect. Its interpretation of Opinion C 1/09 has also changed with time....


The German Constitutional Court does not even need to rule on it; UPC will die on its own. By the time there's a decision it'll no longer be relevant.

"Even if the German constitutional complaint against the Unified Patent Court Agreement is dismissed, the German government will not proceed with ratification of the UPCA until the consequences of the Brexit are entirely clear," says Kluwer Patent Blog, whose latest UPC coverage is by "Kluwer Patent blogger" (anonymous), i.e. it is most likely by Bristows LLP again. They themselves said they're trying to give an illusion (i.e. lie) of UPC progress and here's the latest:

Even if the German constitutional complaint against the Unified Patent Court Agreement is dismissed, the German government will not proceed with ratification of the UPCA until the consequences of the Brexit are entirely clear.

[...]

The Federal Constitutional Court in Germany is expected to decide about the Stjerna complaint later this year or possibly at the start of 2020, as is more likely according to a recent article of Fish & Richardson: ‘The Constitutional Court case is (…) now scheduled for decision in 2019, but that schedule is not binding. Announcement of the date for oral argument, perhaps within a few months from now, will be the best indication of the decision date, because it must be handed down within three months after the oral hearing. Given the August holidays, it seems most likely the decision will be in early 2020.’

The German parliamentary questions were aimed primarily at the costs of the UPC and Germany’s contribution to its funding. According to the letter of the Ministry of Justice, the most important contribution of Germany so far – 543 981 euro – went to the creation of the new IT system for the UPC, which has ‘almost been completed’.


Stjerna's complaint is no longer the sole barrier then; outside the FCC (Federal Constitutional Court), even the government itself -- i.e. a separate branch -- speaks of Brexit. Whatever the outcome may be, software patents remain a big (and growing) problem in Europe because the EPO keeps granting them, even if European courts repeatedly reject these. The EPC too is being violated. That's a subject we'll deal with in our next couple of posts.

Recent Techrights' Posts

IBM Layoff Rumours, Large-Scale Implementations Weeks Ahead (in March 2025)
There are some people corroborating
Microsoft Blasted for Adding Insult to Injury: Workers Laid Off Without Prior Notice, Without Severance Payment and Basic Coverage (Like Health), Then Stigmatised as Bad Performers So They Cannot Find a Job Elsewhere
Such stereotypes end entire careers
BetaNews is Still Publishing LLM Slop/SPAM About "Linux"
Assuming it is indeed LLM slop, it seems clear BetaNews has no intention of improving or is simply unable/unwilling to improve
 
Links 11/02/2025: Current state of the Internet and Smallnet Information Services (SIS)
Links for the day
Conservative Estimate: Over 10,000 IBM Workers to Be Laid Off in the Next Two Waves
The morale is low and layoffs are expected soon, with mass layoffs likely happening next month and then again later
Links 11/02/2025: Trade Wars and "Crisis for American Universities"
Links for the day
Parasitic LLM Slop Sites Destroy the Ability to Find "Linux" News in Google News
Remember that Google News laid off lots of its workers
Richard Stallman's English Talk in Italy Less Than 24 Hours Away (Torino) and Then Another Talk in Italy Scheduled (University of Bozen-Bolzano)
He's active and he travels a lot in spite of his medical condition
Links 11/02/2025: Nutritional Poverty, Closure of USAID, More Fictional 'Valuations' Around Buzzwords
Links for the day
Perl Programming Leftovers
recently in perl.org
Microsoft in Africa: From 98% to Less Than 10% in Just 16 Years
Microsoft being on less than 1 in 10 Web-connected devices in Africa is a very big deal
Almost as If MElon Reads Techrights
The joke we started appears to be spreading
Gemini Links 11/02/2025: NeoVim and Deploying Other People's Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 10, 2025
IRC logs for Monday, February 10, 2025
Scheduled Maintenance Tomorrow and on Valentines
If the site (or Gemini capsule) is offline for a bit, the maintenance windows are likely the root cause
If Matthias Kirschner Loves Free Software, He'll Change the Name of the Microsoft-Sponsored Organisation He Governs (in Order to Avoid Confusion)
The FSF-EEE does not really like Software Freedom, it just loves money (including Microsoft's)
Soylent News Lessens the Scope of Discussion Due to Persistent Trolling and Online Abuse
if they make it a lot harder for new people to participate, then they limit the "general appeal" and reach
EPO's Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Workers Are Getting Sicker, Conditions in Which to Assess Patent Applications Deteriorate
"According to the Office statistics the total number of days of absence has gone up from 12.4 to 13.1 total number of sick days per Full Time Equivalent (FTE) from 2023 to 2024."
The Standard Needs to Improve Its Standards for Fact-Checking, Aaron Swartz Had Nothing to Do With Reddit and He Detested the Company That Created It
The Web is already bad enough as it is
When the Livestream of Richard Stallman is Apparently Bury-Brigaded Offline You Finally Learn to Avoid Google/YouTube for Streaming
Please, people, stop uploading to Google/YouTube
New Paper From the EPO Highlights Large-Scale Discrimination at the Office, Where People Are Rewarded for Granting More and More Illegal Patents
Even the Kremlin is probably more competent than this
Links 10/02/2025: Ban on D.E.I. Language, Listeria Risk/Outbreak
Links for the day
Links 10/02/2025: Announcing "Stringless" and Mental Health Improvement
Links for the day
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake
Links 09/02/2025: Coffee, Toxic Productivity, and Programming
Links for the day
Debian's Human Rights violations & Swiss women Nazi symbolism
Reprinted with permission from Daniel Pocock
Links 09/02/2025: Software Patents on MP3 and Another Scam Dressed Up as "Crypto"
Links for the day
Links 09/02/2025: Russian Energy Cut Off, LLM Pushers Show Signs of Desperation
Links for the day
Richard Stallman (RMS) Does Not Have Media Companies and Lobbyists on His Side, But His Message Spreads Regardless
The message of RMS is spreading in spite of all the smears
GNU/Linux Rises to All-Time High in Chile
sharp rise for GNU/Linux in Chile
Links 09/02/2025: Hottest January on Record, Panama Blackmailed
Links for the day
Why We Still Love Gemini Protocol
Gemini Protocol may seem like something "old" (it's actually very new) and something "nobody would use", but many people use it
Gemini Links 09/02/2025: "Died as a Mineral" and Game Interface for a Non-Game
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 08, 2025
IRC logs for Saturday, February 08, 2025