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Free Software Sentry – watching and reporting maneuvers of those threatened by software freedom
Updated: 2 hours 26 min ago

UPC Optimism Languishes Even Among Paid UPC Propagandists Such as IAM

Sunday 18th of February 2018 09:17:03 AM

The lie told by Bristows last week

Summary: Even voices which are attempting to give UPC momentum that it clearly lacks admit that things aren’t looking well; the UK is not ratifying and Germany make take years to look into constitutional barriers

JUST before the weekend we noted that the EPO had virtually stopped talking about the UPC. The acronym or the words “unified” and “unitary” recently escaped the EPO’s lexicon. It wasn’t always like that.

Even “UPCtracker”, a Twitter account dedicated to UPC jingoism, has just said that “if UPC complaint not on list this could simply mean that a) Chamber has not made up its mind as to whth case should be admitted or b) the Senate thinks the case will not be decided within the next year (but possibly later). Refusal to admit wd become known v quickly.”

“They’re also totally silent regarding the inaction some days ago in the British political scene (Bristows too chose to remain silent about it).”We mentioned the context to this before; “Indications so far mostly point to admissibility,” I told him, “including next week's debate in Bavaria” (it’s only a couple of days away).

What we found fascinating, however, was this new self-promotional piece from Joff Wild (IAM). A year ago IAM was pushing fake news about the UPC [1, 2, 3] (after the EPO’s PR firm had paid IAM). Now? Not so much optimism. They’re also totally silent regarding the inaction some days ago in the British political scene (Bristows too chose to remain silent about it).

To quote the portion about UPC:

Brexit and the UPC: Of course, no patent-related event in Europe these days is going to escape discussion of either Brexit or the potential impact of the Unified Patent Court – should it ever get up and running.

On the former, there was wide agreement that as things stand, no-one has much idea what is going to happen. Patents and patent owners are not directly affected by Brexit because there is no unitary patent system in Europe, but it was noted that over recent years there has been a trend for European patent judges to spend more time talking to each other, with courts in one country now prepared to give much more weight to judgments handed down in others when hearing similar cases. As England and Wales is perhaps Europe’s most important life sciences venue, there is no doubt that decisions reached by judges in the jurisdiction are currently looked at very closely by their peers elsewhere. Whether this will continue post-Brexit remains to be seen.

As for the UPC, there was widespread scepticism about it seeing the light of day pre-Brexit and around the UK’s participation in the system at any time. However, some at least are continuing to make preparations on the off chance that the UK does ratify the UPC Agreement and the case currently before the German constitutional court on the legality of Germany’s ratification goes nowhere quickly. One interesting point raised was whether the opting in and opting out regime might give rise to generic companies making accusations of patent owners gaming the system, with all the consequences that might have as they seek to enforce their rights. Like the UPC itself, it was an issue left hanging in the air. Perhaps one day, though, we might find out whether it has some legs.

Several days ago IAM responded to misinformation from Bristows, correctly noting (in a blog comment) that the most important item is in Germany, not the UK. Joff Wild left that comment.

We remain rather overwhelmed by the silence about what happened (or did not happen) in the UK some days ago, but this is what we predicted (in advance) would happen.

Bejin Bieneman Props Up the Disgraced Randall Rader for Litigation Agenda

Sunday 18th of February 2018 08:36:40 AM

Summary: Randall Rader keeps hanging out with the litigation ‘industry’ — the very same ‘industry’ which he served in a closeted fashion when he was Chief Judge of the Federal Circuit (and vocal proponent of software patents, patent trolls and so on)

ABOUT a month ago we wrote about Bejin Bieneman planning to give a platform to the man who is responsible — via the courts system — for a lot of patent trolls and out-of-control patent scope at the USPTO. He was pretty much forced to quit after he had been caught making a mockery of the court he headed (as Chief Judge of the Federal Circuit).

“He was pretty much forced to quit after he had been caught making a mockery of the court he headed (as Chief Judge of the Federal Circuit).”The patent trolls’ lobby loves him, no matter the scandals, and this propped-up-by-IAM person is still out there, lobbying and seeking more power in institutions including the USPTO. He’s getting all cozy with patent maximalists, as always, and days ago, as expected, they tweeted about it: “For those of you who missed yesterday’s webinar, Settlement Strategies, featuring Judge Randall R. Rader, Joseph Dunn, and Thomas Bejin, here is the YouTube recording…”

“Sadly, as we noted some days ago, the “revolving doors” culture is alive and well at the USPTO and US patent courts.”So Mr. Rader is not so ‘retired’ after all, he’s just ‘hibernating’ whilst lobbying. He’s looking for ways to get back into the system, even as Director of the USPTO.

Sadly, as we noted some days ago, the “revolving doors” culture is alive and well at the USPTO and US patent courts. We already mentioned David Kappos and Paul Michel four days ago.

There are other such ‘webinars’ which push an agenda and front groups. How about this upcoming one (2 days from now): “Attend our webinar on patent portfolio monetization on Feb 20, hosted by the Knowledge Group @Know_Group, with speakers from TechInsights, @KnobbeMartens and @Oblon_IP”

“All these echo chamber-type ‘webinars’ are nothing but marketing; for Rader to participate in these says a lot about Rader.”Those are prominent elements of patent maximalism. Don’t say patent trolls however; It’s nice(r) to say “patent portfolio monetization” (like giving patent for trolls to bully one’s competitors). How about terms such as “Asserting Patent Rights” from Watchtroll (the headline from Meredith Addy 3 days ago)? They keep coming up with all sorts of terms like “efficient infringers” and “death squads” (this one is Rader’s). Addy said: “While my patent litigation practice represents both patentees and defendants, I remain concerned about developments in our patent laws that undercut protections for innovators. I continue to believe that the playing field is unfairly tipped to accused infringers.”

Why does she care? Because she profits from litigation. The more litigation, the more money she makes (no matter if she represents a plaintiff or a defendant). All these echo chamber-type ‘webinars’ are nothing but marketing; for Rader to participate in these says a lot about Rader. This is why he’s kept away from his old job. He can go hang out with patent trolls all he wants, but not while he holds a key position in a high court.

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