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

06.14.16

Detailed Account of Today’s ‘Trial’ of a Judge Who Said the Truth About the EPO

Posted in Europe, Patents at 3:45 pm by Dr. Roy Schestowitz

Fair trial
Fair trial at the EPO is an oxymoron under Battistelli's regime

Summary: The widely-defamed (but unnamed in public) judge is off the hook again and Team Battistelli managed to suppress public participation which is passive (observers) by locking everyone out at the last minute

WHEN we wrote about today’s ‘trial’ as early as last night we could mostly speculate about what would happen, based on information available to us last night. This morning and this afternoon we released some actual information from the inside and now there’s a report from IP Kat, which probably needs to be careful with its words because of the recent warning shot from the EPO‘s management. We now have available to us some more details and background from Merpel. Everything she wrote was pretty much in alignment with/concurring with what we had published, including this bit:

Clearly, then, the EBA had decided to make the Oral Proceedings public. Merpel can only surmise that this must have been with the agreement of the Board of Appeal member concerned.

Now, Merpel has heard a couple of reports of what happened today. Apparently, despite the notices, in fact for the beginning of the hearing the the public was in fact excluded. Merpel understands that the reason was that the President had written to the Enlarged Board in an attempt to stop them from making the proceedings public. Merpel is then told that the proceedings continued in public – the EBA stated that they had received a threatening letter from a non-party to the procedure (presumably the President), and asked the “the petitioner in its quality of the members’ appointing authority to distance itself from the threats in that letter” (see comment here at 17:54 today). Merpel understands this to mean that the EBA was asking the employees of the EPO presenting the disciplinary case, acting not in their usual capacity as agents of their own appointing authority, the President, but in their specific capacity in the present proceedings as agents of the Administrative Council, the appointing authority of Board of Appeal members (and the petitioner in the present case), to distance themselves from the President’s letter. This the employees presenting the disciplinary case failed to do to the EBA’s satisfaction.

Merpel then understands that the EBA considered that it could not continue under these circumstances and closed the case without proposing removal from office of the Board member concerned.

Will this be the end of the disciplinary case? Merpel does not know. She presumes that any semblance of due process does not allow an unlimited number of attempts to prosecute the same matter, and three seems quite a lot. But as ever in the EPO at the moment, who can say?

“Further rumor has it that the EBA has forwarded the president’s threat to the chairman of the Administrative Council,” one comment added. This is actually a confirmed fact.

“We tend to hear from people who spoke to other people, who earlier spoke to other people.”We have some further information and corrections to IP Kat. Not many people are aware of what happened because not many people were actually there and word of mouth is not sufficiently reliable. We tend to hear from people who spoke to other people, who earlier spoke to other people. Sometimes we hear similar and overlapping stories from multiple sources, which helps contribute to confidence and assure relative accuracy. Below is a summary that’s based on various sources (second hand).

One who was actually at the ‘trial’ called it a “crazy day”. The public was only allowed in for the first two minutes (at 09:00) and the last five minutes (at 17:10). One could certainly get the impression that it was a final decision, as many people definitely seemed to think that. Everyone was then thrown out and then costs (presumably) were discussed. Someone actually heard people mentioning that they all had to sign in (list of names, signatures) and there was a piece of paper to go through; they all had to write their names and then sign to confirm/promise they wouldn’t record the session, so someone must have read Techrights.

“Someone actually heard people mentioning that they all had to sign in (list of names, signatures) and there was a piece of paper to go through; they all had to write their names and then sign to confirm/promise they wouldn’t record the session, so someone must have read Techrights.”We heard that a couple of bits are wrong in the IP Kat article, namely that the EBoA actually said that they did not recommend the removal of the judge, which is, in reality, much stronger than how it is stated in the IP Kat article. Additionally, it wasn’t the “employees of the EPO” who presented the case, but the Administrative Council itself. They were the “petitioner”. Put another way, they were represented by the employees. One can sort of see what Merpel is saying, but it is a bit confusing as it stands.

The important thing, which is missed out in the article, is that the Administrative Council itself, in the form of Kongstad was contacted twice today, in order to clarify whether they would distance themselves from the President’s letter. His answers were apparently so wishy-washy that the EBoA were not reassured that their independence was protected. Hence they could not continue because of the “threat” to their independence. The word “threat” was actually used.

We hope that people generally find this information useful. Having watched and assessed these things very closely today, we believe it’s an accurate representation of what happened.

Someone wrote about us as though we have a record of inaccuracy, even though we have historically gotten the facts right. It says:

According to a source cited by Techrights – always to be taken with a pinch of salt, still Techrights was the first to disclose the threats of Battistelli to the EBA:

“inside sources say that Mr. Battistelli sent a threatening message to the Enlarged Board of Appeal dealing with the case, to the effect that they should not let the public be present during the hearing. The EBA is said to take this very seriously and to have forwarded the president’s threat to the chairman of the Administrative Council.”

Here is another comment on this subject:

At the end of today´s public oral proceedings in relation to a petition by the AC of the EPO to the Enlarged Board of Appeal to remove a judge from office, the EBA announced
1. that its members had received a threatening letter from “an authority which is not a party to the procedure”
2. that it had requested the petitioner in its quality of the members´ appointing authority to distance itself from the threats in that letter
3. that in its response the petitioner did not adequately distance itself from the received letter
4. that the EBK could not in the circumstances pursue the procedure, which accordingly was terminated without the EBA proposing removal from office of the respondent.

“Finally,” replied one person, “Battistelli is showing to everybody his true face.” That’s what we wrote this morning. It is important to give outsiders an accurate account of this whole embarrassing display of megalomania (if not paranoia) from Battistelli.

Update: Kongstad’s role is now reaffirmed by a new comment that says: “As I understand the information given, the Enlarged Board contacted Mr. Kongstad, the Chairman of the Administrative Council, and asked whether the Council distanced itself from the allegedly threatening letter. Since the answer received was not considered satisfactory, the Enlarged Board decided that they could not continue with the case and did not propose removal of the member from Office.”

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 22/10/2019: Pacman 5.2, Shame of Disney+ DRM, Microsoft's DRM Scheme, Microsoft Reprimanded for Privacy Abuses

    Links for the day



  2. Patents Need to Exist Only to Pass Information Around and Keep Good Ideas Alive, Not to Feed Litigation Firms and Litigation 'Enthusiasts'

    The current situation or the status quo where legal professionals are advised not to even look at patents means that patents aren’t for “information” and “innovation” anymore; moreover, calling them “intellectual property rights” (or IPRs) is spreading a malicious lie



  3. IRC Proceedings: Monday, October 21, 2019

    IRC logs for Monday, October 21, 2019



  4. SUEPO Protest Tomorrow. All EPO Staff in Munich Ought to Attend and Prepare to Strike Too.

    Tomorrow’s planned protest should be a bridge towards a full strike, which takes more time to plan for and get authorisation for (because of increasingly strict restrictions)



  5. Looking for Explanations About Samsung's DeX and Other FOSS Initiatives Being Canned

    DeX was primarily a threat to the desktop/laptop monopoly of Microsoft, so its sudden abandonment — without even an explanation — continues to attract speculations



  6. EPO Will Need a Lot More Than Photo Ops and Hoax 'Studies' to Restore the Perception of Lawfulness

    Battistelli‘s illegal attacks on European Patent Office (EPO) judges have tarnished any impression that the EPO serves justice and the current regime torpedoes an assessment of these attacks; EPO workers understand that to follow guidelines from the management may be a breach of the EPC



  7. Links 21/10/2019: More on DeX, Disney DRM and Linux 5.4 RC4

    Links for the day



  8. GNU/Linux is Bigger Than Ever (Used More Than Ever Before), But Communication Means and Brands Have Changed

    The GNU/Linux market is alive and healthy; it's how we measure its health that ought to adapt because things are constantly changing, more rapidly in the realm of technology than anywhere else



  9. IRC Proceedings: Sunday, October 20, 2019

    IRC logs for Sunday, October 20, 2019



  10. Samsung Does Not Say Why It's Dropping DeX, But the ASUS EEE Story Might Offer Clues

    It's not at all outlandish or unreasonable to suggest that Microsoft used patents or bribes or kickbacks as incentives for Samsung to abandon GNU/Linux as a desktop platform



  11. EPO: It's Only Getting Worse

    Inhaling Seagull meme for EPO presidents



  12. It Has Begun: EPO Staff Protests Against António Campinos (Starting Wednesday)

    Wednesday marks the resumption of EPO protests; it’s happening for the first time under Campinos and only a year after he took Office. Even Battistelli, the notorious thug, lasted longer before such escalations/actions or — put another way — he did better than that (if one checks the timeline of his presidency)



  13. Links 20/10/2019: GNU/Linux at Penn Manor School District, Wine-Staging 4.18, Xfce 4.16 Development, FreeBSD 12.1 RC2

    Links for the day



  14. Guest Post: Understanding Autism for More Complete Inclusion

    "...assuming that autistic people are all the same isn't only technically wrong, it is misleading and leads to harmful and needless misunderstandings."



  15. Guest Post: Free Software Freedom is Not a Freedom of Choice

    The concept of "Freedom of Choice" and how the ruling class uses it to give a false impression of "Freedom"



  16. Guest Post: Free Software Developers and Pursuing 'Market Share'

    "The only people interested in software freedom are (almost always) free software developers. And users are interested in freedom to a very limited extent: the "free beer" side. Even many free software developers are only interested in the "free beer" part of free software."



  17. The Assertion That Microsoft Uses Communist Tactics Against GNU/Linux and Free/Libre Software

    A study of Taistoism might help understand how Free/libre software is being undermined



  18. European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

    The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents



  19. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  20. “The True Hypocrite is the One Who Ceases to Perceive His Deception, the One Who Lies With Sincerity,” Said André Paul Guillaume Gide (Nobel Prize in Literature)

    Lies flow like water in the realm of EPO and its publishers, whose sole role is dissemination of deliberate falsehoods, misnomers and misinformation



  21. The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)

    Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug



  22. Links 19/10/2019: DeX Discontinued, DXVK 1.4.3 and Wine 4.18 Released

    Links for the day



  23. 'Corporate Linux' Will Not Protect Software Freedom

    The corporate model is inherently not compatible with software that users themselves fully control (or Software Freedom in general), so we must rely on another model of sovereignty over code and compiled code (binaries)



  24. IRC Proceedings: Friday, October 18, 2019

    IRC logs for Friday, October 18, 2019



  25. 26,000 Posts

    We want to thank those who help spread the word; it gives us moral support and morale.



  26. The Myth of 'Analysts'

    People with exaggerated roles (exaggerated by corporate media and corporations that control them) distort public perceptions about their clients; they're in effect just elevated marketing or Public Relations (PR) operatives



  27. The FSF Has Two Acting Presidents Now

    Alexandre Oliva, who acted as a sort of deputy of Richard Stallman in recent weeks, sheds some much-needed light on the current situation



  28. Should Anybody Dictate the Free Software Movement?

    "There's a great myth, as Jagadees reminds us, that advocacy doesn't produce software. That myth is corporate, and proper advocacy has at times produced the greatest software in the history of computing. If we want great Free software to continue, we need advocacy more than ever."



  29. Links 18/10/2019: More KDE Events and OpenBSD 6.6

    Links for the day



  30. We Don't Know Who Will Run the Free Software Foundation, But We Know Who Will Run the GNU Project

    Software Freedom is under a heavy and perhaps unprecedented attack; some people out there are paid by the attackers to celebrate this attack and defame people (cheering for corporate takeover under the blanket of “Open Source”), but the founder of the Free software movement remains alive, well, and very much active


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