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

01.15.16

How the EPO Prevented Scapegoats (‘Defendants’) in Its Mock ‘Trials’ From Actually Presenting a Defense

Posted in Europe, Patents at 8:10 pm by Dr. Roy Schestowitz

Francisco Goya
The Third of May by Francisco Goya (1746–1828)

Summary: Ms Hardon’s lawyers have made it very clear that the firings are “politically motivated” as well as absurd as accusations are unfounded; “many of the “facts” presented by the Disciplinary Committee are incorrect,” they said and “charges against my client are malicious, absurd and ill-founded and should be withdrawn.”

IN a civilised society (i.e. not in the EPO) a typical trial has an accuser/plaintiff and a defended party (defendant). In Eponia, however, which is a cesspool of injustice at the very heart of Europe and Germany, there is just an accuser, who is also the jury, judge, executioner etc. Hey, why not just call this the SS?

The EPO’s lackeys of Team Battistelli, including Ms Bergot who was appointed under amazing circumstances [1, 2, 3, 4], are disregarding any opposing views as we showed here before. Now we have the following letter which says a lot more:

Re: Final Observations in Disciplinary Procedure D8/2015

Dear Ms Bergot,

The sheer number of investigations against my client (three in two years), the nature of the charges and the lack of evidence for these charges are indicative of a harassment process, not by my client but against my client. The absurdity of the charges against my client and against her colleagues of SUEPO is easily recognized by all1, as is the aim of the exercise. By pursuing such charges, the administration is diverting valuable resources from more worthwhile issues and bringing the EPO into disrepute.

The present disciplinary procedure and the preceding investigations against my client, a prominent member of the SUEPO, are clearly politically motivated. Making martyrs (i.e. disciplining staff on the basis of trumped-up charges) is never the best way to make peace. The initiation and pursuit of such charges make a mockery of the President’s claim that he is interested in social dialogue and/or recognizing the SUEPO.

In view of your active involvement at all stages of the procedure, starting with the fact that the harassment complaints were filed by yourself instead of by the alleged victims, followed by interventions on behalf of the Investigative Unit during the investigative process, the initiation of disciplinary proceedings before the investigation process had been completed and your attendance in person at the disciplinary hearing, the strong impression arises that you are pursuing a personal vendetta rather than justice.

The numerous procedural errors, both in the investigative process and in the following disciplinary procedure are a disgrace for an Office that is dedicated to the proper administration of law. Mistakes like entering into the substance of the matter before dealing with procedural issues such as late-filed documents (as happened during the hearing before the Disciplinary Committee) are obvious to every examiner. It is incomprehensible how a Disciplinary Committee comprising four Principal Directors, one of whom is a lawyer, can commit such errors.

_____
1 See e.g. http://ipkitten.blogspot.de/2015/10/when-harassment-gains-new-meaning-epo.html,http://ipkitten.blogspot.de/2015/10/epo-bids-to-save-litigating-employees.html, Decision Case number. Art. 23 1/15 of Enlarged Board of Appeal.


Moreover, many of the “facts” presented by the Disciplinary Committee are incorrect. For example, with respect to the harassment allegations the external investigators concluded that “the exact wording could not be established2”. Of the seven witnesses questioned only one (!) claimed that the wording relied on by the Disciplinary Committee was in fact used. My client strongly denies having used this wording. The Disciplinary Committee nevertheless presented that version of events as an established fact. The misrepresentation of such basic facts raises doubts about the independence and impartiality of the Disciplinary Committee.

Contrary to the allegations of the Disciplinary Committee the investigations C-62 and C-62b are not independent from each other. The Investigation Unit itself claimed to have been mandated to pursue the investigation against my client by the decision of the Administrative Council in the legal document CA/D 12/14 which indeed was the basis for the investigation against the DG3 member.

For the avoidance of doubt, my client emphatically denies having committed any misconduct. She denies in particular having distributed defamatory material about VP4, having knowledge of the alleged establishment of a technical Dark Web TOR network and other, similar means (which due to the fact of the proxy settings of the Office is impossible), having knowledge that confidential EPO material (e.g. from an ongoing DG3 case) is being distributed to third parties, having harassed or threatening other staff representatives or have behaved in an inappropriate way as she disclosed to staff the unlawful acts of the Office and the abuse of power.

The whole procedure impressively documents the legal vacuum created by the President of the Office by exposing the arbitrariness of the illegal regime under which the Office and its staff suffers. By means of the implementation of invalid or otherwise manifestly defective legal instruments such as inter alia Circular No. 342, the insufficient Data Protection Guidelines and by violating the principles due process the President of the Office has managed to create a legal system which is in clear conflict with democratic values and the rule of law.

The charges against my client are malicious, absurd and ill-founded and should be withdrawn.

On behalf of my client, I herewith request that the costs for the legal defence of my client be reimbursed in their entirety. I further request moral and/or exemplary damages for the distress caused.

With Best Regards,

Şenay Okyay
Rechtsanwältin

.cc Chairman of the Administrative Council
Dutch delegate
German delegate

_____
2 See page 5, second last paragraph of the report of Control Risks

We have more on this topic tomorrow. Please contact delegates, as we’ve just pointed out. Some of them are responsive and are increasingly worried about this sheer abuse by Team Battistelli.

The EPO is like those hawkish political parties that bomb nations without asking for consent from the public. They drop bombs and let others clean up the mess. They rarely even ask any questions later, e.g. when there is blowback. Carrying out these attacks (union-busting) on a Friday wouldn’t soften the blow if people did take action (like contacting delegates). Write to them. It will help.

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. “As an EPO Employee, I Am Actually Embarrassed by the Behaviour of the President and the Administrative Council”

    Voices of condemnation and disgust are still reverberating within and outside the European Patent Office -- an institution that now proudly and flagrantly operates outside the Rule of Law



  2. Battistelli Feels as Though He's Above the Law, So No Wonder He Pursues Software Patents in Europe (Against the Rules)

    Using the fairly new buzzword, "4IR", the EPO continues to promote software patents, conjoined with other three-letter buzzwords ("ICT", "CII" and so on) and nothing is being said about the latest scandals, which the EPO is eager to prevent anyone knowing about



  3. Alice v CLS Bank (SCOTUS, 2014) Has Had a Profound Effect on 2017 as Nearly No Software Patents Upheld at a High Level

    As 2017 nears its end (less than two weeks left), a look back reveals a terrible year for proponents of software patents and a milestone for opponents of software patents



  4. PTAB Helps Defend and Encourage Work by Actual Technology Companies in the US, the Patent Trolls' Lobby is Upset

    The Patent Trial and Appeal Board (PTAB), which continues to invalidate software patents by the thousands, comes under attack from the expected sites, namely those that are fronting for patent trolls and parasites



  5. Patent Misconceptions Promoted in Media Dominated by the Patent Microcosm, Not Actual Innovators

    Examples from the media where popular myths have been promoted over the past few days, taking advantage of passivity and silence among those who actually create and invent



  6. Links 17/12/2017: KStars 2.8.9, GNOME 3.27.3, Parrot Security 3.10

    Links for the day



  7. Raw: Benoît Battistelli Has Long Been Obsessed With 'Alternative Facts' (Lying) Regarding Everything

    The chronic lying by Battistelli’s EPO goes way back and reveals a total lack of integrity, shedding doubt on just about any statement issued by the Office



  8. Raw: At the EPO “Social Democracy” is Actually a Euphemism for Authoritarian Regime

    An old document about the EPO‘s transition to so-called ‘social’ ‘democracy’ and what that means in practical terms



  9. Battistelli's 'UPC Buddy' Michel Barnier Helped Squash EU Intervention in Dysfunctional (Subverted by Battistelli) Administrative Council

    A look back at how Michel Barnier helped cover Battistelli's back, insisting that the Commission cannot do anything to rectify matters at the EPO (Elżbieta Bieńkowska, another UPC proponent, said something similar later)



  10. Raw: “Experienced Examiners Can Examine Anything.” (Even Not in Their Field!)

    An internal document shows how the EPO handles imbalance in filings, in essence shifting examiners to fields they are not familiar with



  11. Andrei Iancu in Charge of the United States Patent Office (USPTO) Would be a Patent Microcosm Coup

    The progression of Andrei Iancu's nomination/appointment is a reason for concern; it is, for a fact, a reason for optimism among patent extremists



  12. The Latest IAM Puff Pieces That Launder the 'Reputation' of Patent Trolls

    The creeping threat of patent extortion (litigation from companies that are empty shells with nothing but patents) does not worry IAM; instead, this is the vision IAM wants to actualise, having been paid by stakeholders in such a nefarious outcome



  13. The EPO Has Found 'Creative' New Ways to Bribe the Media and Promote Software Patents

    From Computer-Implemented Inventions (CII) and "Industry 4.0" the EPO is moving to creative new misnomers for carriers of software patents, SEP (patents-encumbered 'standards'), so-called 'FRAND' etc.



  14. EPO Busy Distracting From Miscarriage/Abuse of Justice at the EPO (Both Office and Organisation)

    The European Patent Organisation continues to be a vassal of the Office (Christoph Ernst is defending Battistelli) and justice is not being honoured; it's being discarded in the darkness (in secret meetings)



  15. Bristows LLP/IP Kat Carrying on With Dead UPC Jingoism

    The same old tune from Bristows not only gets played in Bristows' 'alternate reality' blog but also in other blogs where Bristows staff is 'contributing' (to confusion and misconceptions)



  16. Links 16/12/2017: Mesa 17.2.7, Wine 3.0 RC2, Kdenlive 17.12.0, Mir 0.29

    Links for the day



  17. Patrick Corcoran is Innocent, Yet Battistelli Will/May Have the Power to Sack Him Next Month (in DG1)

    The EPO's Administrative Council does not want to even mention Patrick Corcoran, as merely bringing that up might lead to the suggestion that Benoît Battistelli should be fired (yes, they can fire him), but to set the record straight, at the EPO truth-tellers are punished and those whom they expose are shielded by the Administrative Council



  18. Patent Trolls Are Going Bust in the United States (Along With the 'Protection' Racket Conglomerates)

    RPX continues its gradual collapse and patent trolls fail to find leverage now that software patents are kaput and patent opportunists struggle to access Texan courts



  19. IBM's Manny Schecter is Wrong Again and He is Attempting to Justify Patent Trolling

    In yet another dodgy effort to undermine the US Supreme Court and bring back software patents, IBM's "chief patent counsel" (his current job title) expresses views that are bunk or "alternative facts"



  20. EPO Administrative Council Disallows Discussion About Violations of the Law by Benoît Battistelli

    The EPO crisis is not ending for the Administrative Council does not want to tackle any of the obvious problems; Patrick Corcoran is a taboo subject and Ernst is coming across as another protector of Benoît Battistelli, based on today's meeting (the second meeting he chairs)



  21. Links 13/12/2017: GIMP 2.9.8, Fedora 25 End Of Life, AltOS 1.8.3

    Links for the day



  22. Judge Corcoran Got His User ID/Desk Back (as ILO Asked), But Cannot Perform Actual Work

    The latest update regarding Patrick Corcoran, whose 3-year ordeal is far from over in spite of ILO's unambiguous rulings in his favour



  23. The End of Software Patents and PTAB's Role in Enforcing That End

    Software patents are fast becoming a dying breed and the appeal board (PTAB) of the USPTO accelerates this trend, irrespective of patent immunity attempts



  24. No, China Isn't Most Innovative, It's Just Granting a Lot of Low-Quality Patents

    Patent extremists are trying to make China look like a role model or a success story because China grants far too many patents, spurring an explosion in litigation



  25. Battistelli-Campinos Transition Will Be a Smooth One as the Administrative Council Remains the Same and the Boards Still Besieged

    A rather pessimistic (albeit likely realistic) expectation from tomorrow's meeting of the Administrative Council, which continues to show that no lessons were learned and no strategy will be altered to avoid doom (low-quality patents and stocks running out)



  26. Links 12/12/2017: New BlackArch ISO and Stable Kernels

    Links for the day



  27. German Media Helps Cover Up -- Not Cover -- the Latest EPO Scandal

    EPO-Handelsblatt attention diversion tricks may be effective as German media barely shows interest in one of the EPO's biggest scandals to date



  28. PTAB Haters Fail to Guard Bogus Patents, But They Still Try

    Three Affiliated Tribes probably won't enjoy sovereign immunity from PTAB, Dennis Crouch won't manage to slow down PTAB, and patent litigation will stagnate as bad patents perish before they even land in a lawsuit



  29. Team UPC's Tilmann Defends Rogue Vote at 1 AM in the Morning With Just 5% of Politicians (Those With Vested Interests) Attending

    Just when German democracy is being stolen by a legislative coup (in the dead of night when 95% of politicians are absent/asleep) there's someone 'courageous' enough to rear his ugly head and attempt to justify that coup



  30. The Mask Falls: Lobbyist David Kappos Now Composes Pieces for the Patent Trolls' Lobby (IAM)

    David Kappos, a former USPTO Director who is now lobbying for large corporations that derive revenue from patent extortion, is writing for IAM even if his views are significantly biased by his aggressive paymasters (just like IAM's)


CoPilotCo

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

CoPilotCo

Recent Posts