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09.28.16

EPO’s Board 28 Notes Battistelli’s “Three Current Investigations/Disciplinary Proceedings Involving SUEPO Members in The Hague.”

Posted in Europe, Patents at 9:19 pm by Dr. Roy Schestowitz

Decapitation and union-busting strategies carry on unabated at the EPO

Headless

Summary: The attack on SUEPO (EPO staff representatives) at The Hague appears to have been silently expanded to a third person, showing an obvious increase in Battistelli’s attacks on truth-tellers

THE level of distortion of the facts inside the EPO is truly flabbergasting. People are expected to believe that all is well because staff representatives are fired, terrified, or both.

Thankfully, we sometimes get a word from the inside. Mr. Prunier, for instance, is being falsely accused and in his own words, he faces “demonstrably fabricated accusations,” as we noted earlier this month. He’s not alone though. People all across the EPO (various branches, including independent ones) have come under attack. Here is a new comment (published today) about how Battistelli might be planning to get rid of a judge whom he considered to be a thorn on his side because he had allegedly spoken about abuses by Team Battistelli (like, simple facts):

After the nomination of the BoA president, it will be easy to dismiss a BoA member.

Art. 21. (…) “the President of the BOA will be responsible for proposing disciplinary action to the Administrative Council with regard to the members, including the Chairmen, of the BOA and the members of the EBA”.

Just keep the case pending until the nomination of a BB friend as BoA president then the BoA suspended member will be dismissed.

Earlier this year we wrote about defamation complaint/s on behalf of the judge. A “criminal complaint for defamation allegedly filed with the state prosecutor in Munich,” says the following comment, “was reported in the Süddeutsche Zeitung in December 2014 and elsewhere in the German press.” Well, as far as we know the EPO too came under complaints of defamation, after it had allegedly ‘planted’ defamatory claims about the judge, including in Süddeutsche Zeitung. Here is the comment in full:

Another rumour currently doing the rounds in Munich concerns a criminal complaint for defamation allegedly filed with the state prosecutor in Munich by a senior official of the EPO some time ago. This was reported in the Süddeutsche Zeitung in December 2014 and elsewhere in the German press.

It is now rumoured that this complaint was recently rejected by the state prosecutor who seems to have taken the view that no act of defamation had been committed.

Maybe this is the new element referred to by the President ?

The following new comment says rather clueful things about aforementioned claims:

@One of those

Point 18 of the decision in case Art 23 1/16 makes it clear that at least the Enlarged Board of Appeal takes the issue of res judicata seriously, even if they did not apply it in that case. Of course, ILO-AT is a completely different kettle of fish.

@Anon 06:03

What you are suggesting is that “a proposal from the Enlarged Board of Appeal” (Article 23(1) EPC) could soon simply be interpreted as “a proposal from the President of the Enlarged Board of Appeal”. Interesting suggestion. That certainly would not be my interpretation of Article 23(1) EPC. The EBoA and its president are not synonymous, and so my view is that the one cannot stand in for the other when it comes to explicit provisions of the EPC.

Trouble is, what recourse would there be if (yet again) the EPO and the AC took action that arguably contravened the provisions of the EPC? Who is there to hold them to account? Perhaps this particular lacuna will prove to be the worst mistake of all by the founding fathers of the EPC.

@Nolle prosequi

I see that you have your tongue firmly in your cheek when suggesting that the (alleged) dismissal of VP3′s defamation claims could amount to the “new element”.

But perhaps we should not rule out a link. If the defamation claims have been rejected, then it becomes clear that there is no sound legal basis for dismissing the accused member on the grounds of defamation. It is undoubted that this development could prove to be a major embarrassment for BB and his coterie (who, by the way, could stand safe behind their immunities if it ever were determined that they defamed anyone). What better way to take the sting out of this threat by going on the offensive and dragging up new “allegations” (related to the other allegation in case Art 23 1/16) that provide renewed justification for the investigation into the BoA member?

With the disciplinary case closed, and with one of the allegations against the member (allegedly) being dismissed by an independent body, it is very hard to come up with a valid reason why the Office would adopt a “press on regardless” tactic. The actions of the Office therefore provide ample material for the generation of theories involving sinister conspiracies. So much for defending the reputation of the Office!

Not to worry. No doubt there will be an “independent” study issued in which it is confirmed that the Office has acted with utmost propriety… oh wait, it has already issued! I am particularly impressed by PwC’s range of expertise. If an above commentator (Empty) is correct, then it appears that “PWC have found that the office’s actions have met the requirement of the EPO’s legal framework”. Amazing. I never realise that PwC employed individuals who were experts in patent law. Or, based upon what some allege is standard practice of certain accountancy firms (when producing financial audits), perhaps should we should instead interpret their statement to mean “this is what the EPO has told us and we have no reason to doubt the accuracy of their statement (though, sotto voce, we have not conducted any form of independent verification)”. In this context, the rather odd choice of an accountancy firm to conduct a social study starts to make a lot more sense.

Here’s more:

“this development could prove to be a major embarrassment for BB and his coterie”

Pray, a major embarrassment in front of whom exactly? It appears that, given their supposed “immunity”, these people don’t give a s*§t about what the external word thinks.

And for the AC, it will certainly not be informed of this major development but lavishly showered at the next meeting with fabulous production figures and the deriving money.

Nothing to see here, move along …

The most interesting bit however was this comment which claims to quote the secretive board. See the bit highlighted below:

Have you seen this one in MICADO ?

SUMMARY OF CONCLUSIONS
of the 74th meeting of the
BOARD OF THE ADMINISTRATIVE COUNCIL
Munich, 8 September 2016

under 4. Concerning AC and General Affairs

“the Board noted information provided by the President about three current investigations/disciplinary proceedings involving SUEPO members in The Hague.”

This serves to reinforce the belief expressed in the followup comment. It states that Team Battistelli basically “decapitated the ranks of SUEPO in Munich and now they go for those in The Hague”. Here is the full comment:

“the Board noted information provided by the President about three current investigations/disciplinary proceedings involving SUEPO members in The Hague.”

Yep. They decapitated the ranks of SUEPO in Munich and now they go for those in The Hague – of course, “a simple coincidence” as VP1 would say.

And since the Investigation Unit is there to conveniently provide proof of guilt to the President, they are already dead meat.

The AC will obviously look the other side …

A lot of new information is contained above. Some of it is speculative, but some of it quotes an internal document which we hope to get a full copy of. These comments in IP Kat are very hard to find because they’re buried in some additional pages in a comment thread of a very old article (these deserve more attention, hence we often repost these here). Sadly, since the EPO banned IP Kat for almost a whole working day (perhaps some kind of a warning sign) there has been virtually no criticism of the EPO over there. Tomorrow we’ll show just to what degree the pro-EPO element has grown at IP Kat.

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