Bonum Certa Men Certa

The Attack on the Independence of the European Judges Has Apparently Expanded to the German Constitutional Court (Bundesverfassungsgericht)

What happens if Team UPC has shrewdly added its members to the German court that is set to decide on UPC?

Stephan Harbarth



Summary: Questions and doubts linger over the future (or lack thereof) of the Unified Patent Court (UPC); the addition of Stephan Harbarth, however, is rather disturbing as he might become the court's president in a couple of years and his bias/self-interest is a matter of public record

THE European Patent Office (EPO) does not mention the UPC anymore. Almost never. Seeing the potential scandal over a judge's or future president's appointment, they might be wise to say nothing. We've been researching this further and it looks rather ugly; we only abstain from commenting any further because there's no clear evidence of malice just yet. Might this explain fabricated (albeit false) rumours from Team UPC? They have gotten really desperate.



"The UK can stay in the EPO, but the UPC does not exist and even if it did exist, Britain would be unable to become part of it."Yesterday Lexology published this piece titled "German Constitutional Complaint Against the UPC Agreement"; Weickmann & Weickmann's Dr. Markus Herzog oversimplifies this; Hungarian courts would reject the UPC too as it was found to be unconstitutional (by a high court) so Germany isn't the final stop, Brexit notwithstanding as well. This is the latest spinner of many Team UPC spinners and we watch this closely (as we do Stephan Harbarth).

Yesterday we saw this article from IPPro Magazine's Ben Wodecki, who obviously misses the point that the UPC is practically dead (bar incredible mischief) and therefore there's nothing left for the UK to seek participation in. Wodecki wrote this:

Once the UK leaves the EU, it says it will continue to seek participation the Unified Patent Court and Unitary Patent system and will continue to cooperate in relation to IP within existing multilateral treaties.


The UK can stay in the EPO, but the UPC does not exist and even if it did exist, Britain would be unable to become part of it. Seeing the corruption associated with Battistelli's attack on judges -- an attack perpetuated by António Campinos -- the Constitutional Court in Germany is expected to ultimately reject UPC/A. Does Team UPC have some trick in the making? Might Stephan Harbarth be part of it? His past statements associate him with Team UPC (he publicly lied about the prospects of UPC while working for a private firm), so he is not an independent observer. He was well paid by those with interest (and investment) in the UPC. He wore "two hats" and received almost the most money while in Parliament (from a private firm).

Managing Intellectual Property, an EPO-connected UPC propaganda site, has meanwhile published another marketing piece from Inspicos P/S. It's about the EPO's appeal boards that still lack independence and to quote (with repetition highlighted):

EPO: Appeal board of EPO provides guidance on amendments filed late



In opposition proceedings before the EPO, the formal admissibility of amendments filed late by proprietors is a frequently debated topic and differently decided on. A recent appeal decision, T 500/15, reiterates the criteria for the assessment of admissibility of amendments that are filed late and the specific criteria the competent departments of the EPO should apply when exercising their discretionary powers with regard to admissibility.



[...]

In the subsequent second instance proceedings, the appeal board entrusted with the matter came to the conclusion in decision T 500/15 that the first instance department had not adequately exercised its discretionary powers with regard to the admissibility of the amended claims.



We can quite frankly relate to the appeal boards for two reasons: 1) Team UPC is trying to make them redundant (destroying their very role); 2) Team Battistelli constantly attacks their independence, thus discrediting the perceived legitimacy of their decisions. We might soon see the Constitutional Court in Germany suffering a similar problem (discredited legitimacy because of the addition of Stephan Harbarth).

It's really a shame that Europe's patent system -- once among the best in the world (if not the best) -- became so chaotic. Yesterday we saw this outline of a new Federal Circuit case where it fought back, successfully, against patent maximalists (they like to smear these technical judges, but they cannot fire them or cause resignations). They cited European Patent Application Publication No. 0 094 161:

Last week, in In re Ikeda Food Research Co., the Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board affirming the Examiner's rejection in an ex parte reexamination of claims 22 and 23 of U.S. Application No. 12/851,668 for obviousness. On appeal before the Board, the challenged claims were found obvious in view of three references: European Patent Application Publication No. 0 094 161 ("Senior") and U.S. Patent Nos. 6,656,702 ("Yugawa A") and 6,059,946 ("Yugawa B").


As readers know, we've stopped covering US affairs except if (and when) we see threat of a software patents comeback over there. Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) continue unabated (patent maximalists report figures for 2019 and it's roughly the same as before) and 35 U.S.C. ۤ 101 remains largely the same, in lieu with SCOTUS. It's actually the EPO that now poses a a threat of software patents resurgence. Their plan has, perhaps all along, been to bypass national patent courts with the UPC, extending the EPO's position on bogus, abstract patents to judges as well. We cannot let that happen. It would severely harm Europe.

As Dr. Ingve Björn Stjerna put it a month ago: "Will Mr Harbarth’s commitment to the European patent reform [sic] be continued at the BVerfG?" (Bundesverfassungsgericht)

Based on our readings, before even reaching the age of 50 this man already has quite a few scandals under his belt.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
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
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
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day