EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.04.15

EurActiv’s Puff Piece for EPO (Amid High-Budget Media Blitz) Reveals Just How Clueless and Tactless the EPO’s President Really is

Posted in Apple, Deception, Europe, Patents at 6:40 am by Dr. Roy Schestowitz

EurActiv logoSummary: A bunch of EPO puff pieces served through the Web this week, and they don’t stand up to basic scrutiny based on facts

ALTHOUGH Wikipedia calls EurActiv “independent”, we oftentimes wonder why it promotes corporate interests and all sorts of villainous ‘trade’ deals. Over the years it has also been a platform for Microsoft lobbyists in Europe. In our humble assessment, there was always something dubious if not odious about EurActiv‘s agenda.

“In our humble assessment, there was always something dubious if not odious about EurActiv‘s agenda.”Yesterday we noticed this article (puff piece, EPO-sponsored?) from EurActiv, complete with softball questions for Battistelli, almost staged. Why not just make it a “guest post” of Battistelli, as if he was a journalist using this platform? Questions include loaded ones like: “Will the first unitary patents be granted in 2016?”

Well, UPC is not even a reality yet. Talk about jumping the gun…

The title of the piece is click-bait (probably for more hits/traffic) and a response to it has just been posted in IP Kat, saying:

Have you seen this?

Battistelli: Many Apple patents would not have been granted in Europe

In response to a question regarding “patent war” litigation between tech companies such as Samsung (a closer-contact-with-major-applicants-pilot-project member) and Apple (NOT a closer-contact-with-major-applicants-pilot-project member), Battistelli states that the reason this ‘patent war’ is “happening mainly in the US and not Europe” is “because there are many patents in the US granted to Apple which would have not been granted in Europe because we are more rigorous and more selective than in the US. In my [Battistelli's] view, this ‘patent war’ is largely due to dysfunction of the US system.”

What a remarkable statement!

Battistelli manages – in fewer than 50 words – to appear not only to defame Apple’s patent portfolio, but also manages to pooh-pooh the US system as “dysfunctional”!

I guess Battistelli doesn’t remember that the infamous “slide to unlock” patent (EP1964022) was granted by the EPO, and only later invalidated by the German Bundesgerichtshof…
(http://ipkitten.blogspot.fr/2015/09/apples-european-slide-to-unlock-patent.html)

He probably also doesn’t recall that the reason the Apple-Samsung ‘patent war’ is fought mainly in the US is because Apple and Samsung have agreed to end all patent lawsuits outside the US between themselves.

I wonder if Battistelli would be willing to identify individual Apple patents granted in the US that would-not-be or were-not granted in Europe?

How should Apple feel about such statements..?
How should Apple investors feel about such statements?

We too were surprised that Battistelli can pretend Apple is in no way abusive in Europe (we wrote a lot about it). Has he lived up a tree for the past 3-4 years? Is he willfully misleading or just misinformed? We don’t know what’s worse…

“The whole piece was basically constructed to be a megaphone for Battistelli and be some kind of positive “media presence” for the EPO.”The whole piece was basically constructed to be a megaphone for Battistelli and be some kind of positive “media presence” for the EPO. We kindly ask readers to recall that the EPO is 'planting' puff pieces in the media and spends obscene amounts of money doing so right now (newly-leaked contract), so we can only make guesses about EurActiv‘s motivations. We are seeing some other pro-UPC pieces right now, in lawyers’ Web sites (no mainstream reach though). One of them has just parroted the EPO: “According to a publication on the website of the European Patent Office (www.epo.org), significant progress has recently been made towards the unitary patent. The Select Committee, which was set up by the original 25 member states participating in the unitary patent, has agreed on the distribution of income generated by the payment of the uniform renewal fees to the European Patent Office (EPO).”

We don’t know what motivated the writers to just repeat the EPO’s claims. The EPO has a very poor record on accuracy and honesty. Remember what it told The Register earlier this week about freedom of the press. It was almost hilarious.

Meanwhile, the EPO-sponsored bloggers from IAM are shaming Germany into accepting the EPO’s ambition of making UPC a reality (more injunctions, damages, patent scope), but this does not exactly surprise us. We have come to expect this from IAM, which has written virtually nothing about EPO scandals (lies by omission). It mostly did ‘damage control’ for the EPO amid these scandals.

“The EPO has a very poor record on accuracy and honesty.”Looking at IP Kat for a moment, one new article speaks about a new topic and states that “The Technical Board wanted to know whether a notice of appeal that was filed after the time limit according to art. 108 EPC was to be deemed inadmissibleor not filed (note that this question is different from the one in G2/14, where the notice was filed timely, but the fee was paid late. G2/14 was terminated because the patent in question lapsed for non-payment of the annual fee).”

Another new article speaks about the big scandal regarding discriminatory treatment of applicants. “Merpel is also a bit annoyed,” she said, “because she has heard of European attorneys being asked about the new PACE provisions by applicants in Japan, who apparently heard it from visiting Examiners well before this announcement. Merpel is not against Examiners visiting applicants, but it is unhelpful to say the least to announce changes to users of the European patent system who require representation without representatives having been given the chance to inform themselves.”

Well, imagine what would happen if everyone applied for PACE. This whole system is a sham. It’s designed to eliminate patent neutrality while maintaining the illusion that it doesn’t.

Watch this new comment that says: “Not only letters to applicants are changed.

“Nowadays, Eponia is more concerned about generating, artificially, positive media coverage, not actually correcting its many ills.”“I was involved in a case where the division had decided to grant, and all members had signed. The director went to the second examiner and the chairman and stated that he did not agree, and that they should have consideration for their staff reports.

“He then went to the entrusted examiner and said that the grant would not go out and a refusal should be written.

“When the first examiner went to consult with the other two members they said that the director had already been to see them and please do the refusal (obviously in fear of reprisals).

“So what does the poor first examiner do? Write a refusal (keeping the original signed and dated grant, since Mr. Director was swiftly before pension and the examiner feared a rebuke from DG3 if the file would be appealed). Yes, strange happenings in EPONIA.”

Nowadays, Eponia is more concerned about generating, artificially, positive media coverage, not actually correcting its many ills. Do these people wonder why even politicians took an interest in this wasteful media manipulation?

The protest in Munich is going on right now. We hope to find some press coverage about it as early as Monday, if not in Sunday newspapers (Germany has several of those).

Colonel Battistelli must be feeling like there’s a dire need to brainwash his staff right now.

“Religion is what keeps the poor from murdering the rich.”

Napoleon Bonaparte

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 16/9/2019: Qt Quick on Vulkan, Metal, and Direct3D; BlackWeb 1.2 Reviewed

    Links for the day



  2. Richard Stallman's Controversial Views Are Nothing New and They Distract From Bill Gates' Vastly Worse Role

    It's easier to attack Richard Stallman (RMS) using politics (than using his views on software) and media focus on Stallman's personal views on sexuality bears some resemblance to the push against Linus Torvalds, which leans largely on the false perception that he is sexist, rude and intolerant



  3. Links 16/9/2019: Linux 5.3, EasyOS Releases, Media Backlash Against RMS

    Links for the day



  4. Openwashing Report on Open Networking Foundation (ONF): When Open Source Means Collaboration Among Giant Spying Companies

    Massive telecommunications oligopolies (telecoms) are being described as ethical and responsible by means of openwashing; they even have their own front groups for that obscene mischaracterisation and ONF is one of those



  5. 'Open Source' You Cannot Run Without Renting or 'Licensing' Windows From Microsoft

    When so-called ‘open source’ programs strictly require Vista 10 (or similar) to run, how open are they really and does that not redefine the nature of Open Source while betraying everything Free/libre software stands for?



  6. All About Control: Microsoft is Not Open Source But an Open Source Censor/Spy and GitHub/LinkedIn/Skype Are Its Proprietary Censorship/Surveillance Tools

    All the big companies which Microsoft bought in recent years are proprietary software and all of the company’s big products remain proprietary software; all that “Open Source” is to Microsoft is “something to control and censor“



  7. The Sad State of GNU/Linux News Sites

    The ‘media coup’ of corporate giants (that claim to be 'friends') means that history of GNU/Linux is being distorted and lied about; it also explains prevalent lies such as "Microsoft loves Linux" and denial of GNU/Free software



  8. EPO President Along With Bristows, Managing IP and Other Team UPC Boosters Are Lobbying for Software Patents in Clear and Direct Violation of the EPC

    A calm interpretation of the latest wave of lobbying from litigation professionals, i.e. people who profit when there are lots of patent disputes and even expensive lawsuits which may be totally frivolous (for example, based upon fake patents that aren't EPC-compliant)



  9. Links 15/9/2019: Radeon ROCm 2.7.2, KDE Frameworks 5.62.0, PineTime and Bison 3.4.2

    Links for the day



  10. Illegal/Invalid Patents (IPs) Have Become the 'Norm' in Europe

    Normalisation of invalid patents (granted by the EPO in defiance of the EPC) is a serious problem, but patent law firms continue to exploit that while this whole 'patent bubble' lasts (apparently the number of applications will continue to decrease because the perceived value of European Patents diminishes)



  11. Patent Maximalists, Orbiting the European Patent Office, Work to 'Globalise' a System of Monopolies on Everything

    Monopolies on just about everything are being granted in defiance of the EPC and there are those looking to make this violation ‘unitary’, even worldwide if not just EU-wide



  12. Unitary Patent (UPC) Promotion by Team Battistelli 'Metastasising' in Private Law Firms

    The EPO's Albert Keyack (Team Battistelli) is now in Team UPC as Vice President of Kilburn & Strode LLP; he already fills the media with lies about the UPC, as one can expect



  13. Microsoft Targets GNU/Linux Advocates With Phony Charm Offensives and Fake 'Love'

    The ways Microsoft depresses GNU/Linux advocacy and discourages enthusiasm for Software Freedom is not hard to see; it's worth considering and understanding some of these tactics (mostly assimilation-centric and love-themed), which can otherwise go unnoticed



  14. Proprietary Software Giants Tell Open Source 'Communities' That Proprietary Software Giants Are 'Friends'

    The openwashing services of the so-called 'Linux' Foundation are working; companies that are inherently against Open Source are being called "Open" and some people are willing to swallow this bait (so-called 'compromise' which is actually surrender to proprietary software regimes)



  15. Microsoft Pays the Linux Foundation for Academy Software Foundation, Which the Linux Foundation is Outsourcing to Microsoft

    Microsoft has just bought some more seats and more control over Free/Open Source software; all it had to do was shell out some 'slush funds'



  16. Links 14/9/2019: SUSE CaaS Platform, Huawei Laptops With GNU/Linux

    Links for the day



  17. Links 13/9/2019: Catfish 1.4.10, GNOME Firmware 3.34.0 Release

    Links for the day



  18. Links 12/9/2019: GNU/Linux at Huawei, GNOME 3.34 Released

    Links for the day



  19. Links 12/9/2019: Manjaro 18.1 and KaOS 2019.09 Releases

    Links for the day



  20. EPO: Give Us Low-Quality Patent Applications, Patent Trolls Have Use for Those

    What good is the EPC when the EPO feels free to ignore it and nobody holds the EPO accountable for it? At the moment we're living in a post-EPC Europe where the only thing that counts is co-called 'products' (i.e. quantity, not quality).



  21. Coverage for Sponsors: What the Linux Foundation Does is Indistinguishable From Marketing Agencies' Functions

    The marketing agency that controls the name "Linux" is hardly showing any interest in technology or in journalism; it's just buying media coverage for sponsors and this is what it boils down to for the most part (at great expense)



  22. Watch Out, Linus Torvalds: Microsoft Bought Tons of Git Repositories and Now It Goes After Linux

    Microsoft reminds us how E.E.E. tactics work; Microsoft is just hijacking its competition and misleading the market (claiming the competition to be its own, having "extended" it Microsoft's way with proprietary code)



  23. Links 11/9/2019: Acer in LVFS, RawTherapee 5.7 and Qt 5.12.5 Released

    Links for the day



  24. Linux Foundation Inc. Buys Press About Itself and Media Coverage for Sponsors

    Sponsoring so-called ‘news’ sites is bad enough; it is even worse when such media then covers you and your sponsors, such as Snyk (a Linux Foundation sponsor/member, fancier word for client)



  25. Links 11/9/2019: Django 3.0 Alpha, Sunsetting Python 2

    Links for the day



  26. Web Site Called Linux.com Still Exists Only or Mostly to Promote Anti-Linux Firms and Openwashing

    As the Linux Foundation transitions into the Public Relations (PR) industry/domain we should accept if not expect Linux.com to become an extension of PR business models; the old Linux.com is long gone (all staff fired)



  27. Links 10/9/2019: Krita 4.2.6, Ubuntu 19.10 to Boot Faster

    Links for the day



  28. What the Linux Foundation's Jim Zemlin Really Thinks of Desktop/Laptop GNU/Linux

    Interesting words from Ken Starks resonate well with what we nowadays see in the so-called 'Linux' Foundation, whose dedication to Linux is like that of a circus to a monkeys' sideshow



  29. Links 10/9/2019: Kate Planning and GnuCash 3.7

    Links for the day



  30. The Sad Truth That Linux Foundation Staff is Against GPL/Copyleft and Sometimes Against Linux (Unless It's Run Under Vista 10)

    The Linux Foundation works for whoever pays the Linux Foundation and sadly that usually means companies that aren’t dedicated to Linux, to Software Freedom or even to simple truths and to the Rule of Law


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts