In his blog post about "IBM sees EIP as way to break Community patent impasse", Joff Wild is mentioning the IBM view of the EPLA project to create a CAFC clone in Europe:
There are serious concerns that EPLA as currently proposed will be favourable to patent trolls on the one hand and a poor forum for consideration of highly valuable patents on the other. The USA Supreme Court in the eBay case reduced the power of trolls by introducing the discretion for courts not to grant injunctions if the equity of the situation indicates otherwise - in Europe, there would be no such protection against trolls under EPLA. Rather than pursue an unsatisfactory EPLA, efforts should be put into the Community Patent of the type proposed under a Soft IP regime and keep the current EPO/national system as an option.
As the Council is discussing the EPLA and B-proposal led by France, it might be useful to get more knowledge about the disasters of the US patent system.


