Bonum Certa Men Certa

France is Irrelevant to Whether or Not UPC Ever Becomes a Reality, Moving/Outsourcing de Facto Patent Examination to European Courts Managed in/Presided by France

The 'Three Frenchmen' of UPC

The three Frenchmen
The UPC/EPO/EU plot, with Barnier as a longtime 'activist' for the EU-centric UPC, Battistelli as a saboteur of the EPO and especially the Boards of Appeal (which UPC would render obsolete), and Campinos as Battistelli's succession choice (Campinos already works for an EU agency, EU-IPO)



Summary: Team UPC is still focusing on France as if it's up for France to decide the fate of the UPC, which EPO insiders say Battistelli wants to be the chief of (the chief, it has already been decided, would have to be a Frenchman)

LONGTIME readers are already aware that EPO patent quality is getting worse, whereas it's said to be improving at the USPTO or US courts. It's no exaggeration to say that European patent courts will grapple with many bogus patents in the coming years. Cui bono? Patent lawyers. They bill for the trouble (at both ends). The UPC would vastly expand their scope of operations, damages and so on. This is why many patent law firms happily 'enlist' themselves to join what we call "Team UPC" -- basically a cabal of patent maximalists who don't mind smashing Europe's economy if they can make a buck (or a euro) in the process. It's actually Team UPC, aided by Battistelli, which came up with the UPCA, crafting the very same rules they'd be governed by (if they ever managed to pull this off). These rules are as ridiculous (overzealous) as one might expect.

"It's actually Team UPC, aided by Battistelli, which came up with the UPCA, crafting the very same rules they'd be governed by (if they ever managed to pull this off)."Bristows LLP's Vanessa Rieu wrote and then promoted some fluff about France (cross-posting it later, maybe for a fee, in sites of lawyers). We already mentioned this a few days ago because other Team UPC 'activists' had pushed this envelope as well, no matter if France ratified a long time ago and is in no way 'the' barrier to UPC. Germany isn't ratifying and the UK, even if it ratified, cannot actually participate in the UPC. In other words, only 1 of 3 countries whose ratification is imperative (France that is) would be eager to see the thing kicked off; hardly surprising given the projected role of France and the role played by Frenchmen like Barnier, Battistelli and Campinos.

Meanwhile, Kluwer Patent Blog, a blog dominated by UPC propaganda which is often composed by Bristows (and 'unwanted' comments deleted by them as well), publishes this new reminder that bogus patents are worthless patents unless one can use these for blackmail alone (the patent trolls' modus operandi), usually against the poor and weak -- those unable to afford a court battle. "If you know your patent lacks novelty, you’d better not enforce it" was the title of this post from yesterday:

The Barcelona Court of Appeal (Section 15) recently handed down an interesting judgment (dated 6 February 2018) revoking a utility model and ordering the owner to pay the damages caused by having enforced it while knowing that it lacked novelty. According to Article 114 of the former Spanish Patent Act (equivalent to Article 104 of the Act now in force), when a patent or utility model is revoked, as a general rule, the revocation does not affect, inter alia, final judgments where infringement has been declared. However, there is an exception for cases where the owner had acted in bad faith.

What is interesting about this recent judgment is that it is one of the very few to date, if not the only one, in which the contours of this exception have been examined. The facts of the case can be summarised as follows:

In 2002, the owner of the utility model filed a patent infringement action against the company that brought the revocation action that led to the judgment of 6 February 2018 being discussed here. As a result, at second instance, on 6 April 2006 the Barcelona Court of Appeal (Section 15) handed down a judgment declaring the infringement and ordering the defendant to pay 532,109.85 Euros by way of damages.


Imagine thousands of such cases per year, including some affecting European companies well outside their juristriction with proceedings in a language foreign to them. Imagine patents being asserted against them, using legal documents in a foreign language, alluding to dubious patents granted in a hurry. This is the vision Battistelli and Team UPC have for Europe.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
 
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day