"At last some transparency has come into the quarrels over the question as to whether or not the proposals for creating a European and Community Patents Court (PC) having jurisdiction not only over EU Patents on the territory of the EU but also with regard to non-EU countries being signatory to the European Patent Convention (EPC) are compatible with the Treaties of the European Union. […] This TFEU is a monster. I do commiserate with the Judges who are confronted with the inescapable duty to make sense of all that. […] Obviously the points made by the opponents of the PC are least partially seen even by the supporters. For me as a humble Patent Attorney it appears to be entirely open as to whether or not the Court might accept the golden argumentative bridges […] in order to make the overall construct looking compatible with the EU Treaties."
Horns describes the arguments made by the Greek, Spanish, and Lithuanian governments against the possibility of a European Patent court that includes non-EU member states and then sketches the German government's position arguing in favor. Several of the relevant articles are cited.
Techrights summarizes the gist of Horns' article as " The unified patent litigation system (UPLS) — a back door to software patents in Europe — may be on its deathbed"
but it didn't sound that hopeful to me.