Bonum Certa Men Certa

UPC a Dead Project, as Per Analysis From Foley and Lardner LLP; What Next for Team Battistelli and Team UPC?

A shipwreck of UPC



Summary: Those who are trying to warp and subvert Europe's patent system/s so as to benefit large corporations (often from abroad) are not getting their way and may simply have to give up trying

Frederic Henschel, a partner at the US law firm Foley & Lardner LLP, has just published at Science|Business this article titled "Could Brexit be a death knell for the European Unitary Patent and the Unified Patent Court?"



The substance of the article is about as pessimistic (if not more pessimistic) than the headline insinuates, much like yesterday's analysis from the EPO-leaning IAM. It's not looking too good for the UPC anymore. To quote Henschel, "UK withdrawal from the EU will fundamentally change the basic scope of the Unitary Patent and the associated Unitary Patent Court. This could permanently jeopardise the launch of the European single patent" (key word here is permanently).

"Not only UK applicants would be excluded as the UPC may never get off the ground at all."Henschel also recalls the scam privately perpetrated by Team UPC (still busy trying to 'hack' the law). They advertised jobs that don't exist and may never exist at all (in the future). We were right all along about it, so where is the responsibility or liability for wasting applicants' time? To quote Henschel: "Applications for a position as UPC judge were being accepted until 4 July 2016 [i.e. today], but UK applicants may now be excluded from consideration. Given the prominent role the UK has historically played in patent law, removing UK citizens as potential UPC judges would be a notable loss of talent."

Not only UK applicants would be excluded as the UPC may never get off the ground at all. Without the litigation capital, namely London, the whole basis of the UPC is at risk. It's not a reconcilable problem.

There are several more articles like the above (we offered a media survey last week) and this latest one does not cover UPC aspects although it does speak of the profound impact of Brexit (whether an exit is implemented at all at the end or simply abandoned, as it increasingly seems likely to be a referendum falling on deaf political ears).

"Without the litigation capital, namely London, the whole basis of the UPC is at risk."Earlier today MIP continued its UPC series, laying out a scenario about a (likely) dead project. That's just what we have come to expect from patent lawyers' Web sites, ones where the writers are associated directly (e.g. through Bristows) with Team UPC. "In the latest in our series of UPC scenarios, Laura Whiting and Inmaculada Lorenzo explore the options for a pharmaceutical patent owner faced with a potential infringer manufacturing its product in Spain," MIP writes. Well, Spain vigorously opposes the UPC, so there's something a little odd about this scenario. It seems like self promotion in the form of an article, much like this EPO spam from yesterday (paid 'article' in Reuters, titled "EPO intends to grant patent").

Recent Techrights' Posts

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
 
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day