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

07.20.17

Battistelli’s EPO Abuses May Soon Lead to the Death of the UPC and Return of the Old Order (‘EPO Glory’)

Posted in America, Europe, Patents at 9:47 am by Dr. Roy Schestowitz

Willy Minnoye the first among Team Battistelli to leave, with Kongstad and Battistelli next in line

Willy Minnoye impeach

Summary: Having severely damaged the EPO, in a selfish effort to make Europe attractive to patent trolls and bullies, Team Battistelli gradually goes away along with the UPC

THE “shenanigans” at the EPO — as The Register labeled all these scandals earlier today — are rumoured to be among the contributing factors in the demise of the UPC. We don’t know for sure yet if the UPC will die, but it’s not looking too good for the UPC and Team UPC keeps eerily silent on this matter (even this afternoon, more than 2 days later), which probably means it doesn’t know how to spin its way out of it.

The Register, one of the very few sites which actually give a damn about what’s happening at the EPO, said this:

The freeze on long-held plans to approve a single patent court for Europe is a result of the actions of the president of the European Patent Office, according to German media reports.

The Unitary Patent Court (UPC) has been in progress since 2012, but last month Germany’s constitutional court unexpectedly ordered a halt to legislation ratifying it. The German government’s approval is essential for the court to move forward.

Beyond the fact that an unnamed individual had filed a complaint with the court arguing that the UPC broke German law, little was known about the argument itself and why the court had taken it so seriously.

Now details have emerged and the reason for the freeze appears to be controversial changes pushed through EPO president Benoit Battistelli, largely in order to enhance his own office’s power.

The complaint argues that changes made to the EPO’s Boards of Appeal have effectively undermined its independence, meaning that there are now insufficient checks and balances within the system to adhere to German law.

Those changes were forced through by Battistelli after the Boards of Appeal stood up to him by refusing to remove a judge he had fired over allegations of leaking embarrassing documents and posting anonymous criticism of Battistelli and his team.

This whole attack on the EPO, orchestrated for years by Team Battistelli, can ultimately doom the whole Organisation, not just the Office.

See some of the comments about Battistelli. Here’s one:

Very strange

I know the workings of many European institutions are a bit strange, and influenced by many external factors, but WTF has anyone continued to support this dangerous clown? Has anyone any good suggestions why the Danish bod was so keep to support him?

We need a lot more transparency about the people involved.

Here’s another one:

Not a moment too soon
It is high time this nutjob is brought back under control. Erase his tenure, burn his career, trash every one of his decisions and put in place someone who is capable of advancing the whole process, not derailing it.
Oh, and can the nutjob have his pension revoked ? Please ? It would really be grating for him to get full benefits in retirement – he certainly doesn’t deserve it;

Then referring to Trump, who is compared to Battistelli:

Tip of the iceberg
This sort of attitude seems to be rather common, and is becoming more obvious as those in any form of power no longer seen to even attempt to hide what they are up to – just look across the pond.

The “golden parachute” reference (French) came back 2 years later:

Yup – the dickheads bully and ignore everyone, and everyone seems to be watching and wondering why their polite request was ignored.

This guy may go, but he’ll end up awarding himself a golden parachute, and there’ll be no justice or consequences.

They already reward themselves. Not just with PR (the whole EPO Web site — virtually every section of it — is a shrine to Battistelli and the media is paid to produce puff piece for/about him) but also with money. They basically loot the place before they’re done destroying it. It’s a very common modus operandi in sinking institutions. “Battistelli may finally face serious consequences,” it was said, but as one of the comments correctly says: “I very much doubt it. Got paid a whack while in office, will have a huge life-long pension when he leaves. A glorious example of the complete and utter failure of management to manage management.”

“With Battistelli on his way out within months (Kongstad has just a couple of months left before unemployment), expect the UPC to make virtually no progress.”There are some more comments in there.

With Battistelli on his way out within months (Kongstad has just a couple of months left before unemployment), expect the UPC to make virtually no progress.

The UPC was a considerable threat with definite potential of making Europe another litigation hub for trolls — something akin to east Texas where US patents enjoy crooked judgments from intentionally biased judges.

“The UPC was a considerable threat with definite potential of making Europe another litigation hub for trolls — something akin to east Texas where US patents enjoy crooked judgments from intentionally biased judges.”“Will East Texas be able to keep patent cases, despite the Supreme Court?”

This was today’s headline from a trolls expert that rightly alluded to judge Gilstrap, who is being openly condemned by US politicians. Here are a couple of portions:

The top US patent court has been asked to consider an urgent appeal from a manufacturer of supercomputers that’s desperate to escape an upcoming trial in the patent hotspot of East Texas.

The Eastern District of Texas has become known as a haven for the type of litigation shops sometimes derided as “patent trolls,” but the district’s strict discovery rules and tendency to favor jury trials has attracted operating companies seeking to enforce their patents, as well. In 2015, Raytheon filed a patent lawsuit in East Texas accusing Seattle-based supercomputer maker Cray Inc. of infringing four Raytheon patents related to supercomputer hardware and software.

[...]

Yet under the new rules, Gilstrap still wouldn’t let Cray out of the district. Cray’s only tie to the district was a single salesperson, who worked out of his home in the Eastern District. In the judge’s view, though, that was enough to find that Cray had “regular and established” business in the Eastern District, and would have to face trial.

“With the UPC, the likes of Battistelli tried to do to Europe what Gilstrap did to his county (at the expense of his country).”Over the past half a decade we wrote a lot about Gilstrap’s pattern of rulings whose sole goal seemed to be signaling to trolls, “come here! We love trolls!”

With the UPC, the likes of Battistelli tried to do to Europe what Gilstrap did to his county (at the expense of his country). So it’s a good thing that they are failing. The fight for science and technology (an area which Battistelli has zero clue about, as he lacks experience) is not over. As always, there’s a battle between those who actually make things and those who just prey on them (like Team UPC).

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. IRC Proceedings: Tuesday, October 22, 2019

    IRC logs for Tuesday, October 22, 2019



  2. Why GNU Is Better Staying Top-Down, Even If Free Software Isn't

    "Open Source is like a broken record, and it is a broken promise. If you want to fail, follow them -- they will show you the way."



  3. Guest Article: Why Users Must Dictate the Free Software Movement

    "Recently, a person named Eric Lundgren completed his jail sentence just for copying and distributing Microsoft software which is available for free in their website"



  4. Links 22/10/2019: MX-19, Tails 4, Mesa 19.1.8 Released

    Links for the day



  5. “Stallman Was Right” is Not Just a Meme as It's Usually True

    The track record of Stallman isn't immaculate, but it's exceptionally good if not impressive



  6. EPO Diplomatic Immunity

    What people can get away with at the European Patent Office (EPO) if their name is Battistelli or António Campinos



  7. Dr. Ingve Björn Stjerna Reveals How the German Government Actively Ignored SMEs to Push the Notorious 'Unitary Patent' Sham

    Turning European Patents (which are no longer good patents but expensive or overpriced patent monopolies — patents which European courts will likely reject) into “unitary” ones (i.e. enforceable EU-wide with one legal action) would harm wrongly-accused parties that mostly or only operate in one single country, overriding the authority of those parties’ national laws and courts



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

    Links for the day



  9. 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



  10. IRC Proceedings: Monday, October 21, 2019

    IRC logs for Monday, October 21, 2019



  11. 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)



  12. 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



  13. 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



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

    Links for the day



  15. 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



  16. IRC Proceedings: Sunday, October 20, 2019

    IRC logs for Sunday, October 20, 2019



  17. 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



  18. EPO: It's Only Getting Worse

    Inhaling Seagull meme for EPO presidents



  19. 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)



  20. 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



  21. 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."



  22. 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"



  23. 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."



  24. 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



  25. 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



  26. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  27. “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



  28. 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



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

    Links for the day



  30. '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)


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