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

11.20.17

Team Battistelli’s Attacks on the EPO Boards of Appeal Predate the Illegal Sanctions Against a Judge

Posted in Europe, Law, Patents at 4:39 am by Dr. Roy Schestowitz

A shocked Battistelli

Summary: A walk back along memory lane reveals that Battistelli has, all along, suppressed and marginalised DG3 members, in order to cement total control over the entire Organisation, not just the Office

LAST night we wrote about the EPO‘s latest attack on the boards, which have already been relegated to the ‘suburbs’ of Munich (Haar). It’s like Battistelli does not want these boards to exist, or wishes to overburden them to the point where they become useless for assurance of patent quality (prior art search and the like). He cannot legally knock them out of existence because of the EPC, but the EPC does not say anything about punishing them relentlessly, so Battistelli will probably get away with it. Now that his departure is almost imminent it’s ever more unlikely that he’ll lose his immunity and himself be subjected to disciplinary actions. 6 weeks from now he and Bergot will officially put the axe to long-term contracts. In other words, 6 months before he’s gone he’s totally destroying any prospects of the EPO ever recovering or salvaging the talent it once had.

Disturbing. To say the least.

We very much doubt the press will cover our findings regarding the Haar ‘party’, which is a sad display of irony if not black comedy. The press repeatedly ignores important stories and developments, as recently as weeks ago. Even comments on the matter might not get through. Here’s yesterday’s report of censorship in IP Kat (or maybe slow moderation by Bristows, or perhaps approval only after a complaint about it). “Censorship is never good,” the comment said. And yes, it’s about the boards. It often seems as though these matters cannot be brought up at IP Kat anymore, as people’s names cannot safely be mentioned (this limits useful debate). Truths are now “personal attacks”. To quote the comment at hand:

Why has my comment relating to recent case re entitlement of priority at the EPO not been accepted?

Is it because I mentioned the plea of a well known specialist about the fact that the EPO should only looking whether there is identity of invention?

I considered my comment as showing that the problem is not a specific one of British courts. No more, no less.

Censorship is never good.

We have meanwhile dug some archives and found the following letter from 3 years ago. We believe it demonstrates how, even before the ‘house ban’ of a judge (Battistelli broke the rules), the boards had come under attacks from Battistelli. This is for readers to judge:

DG3 nominees

Dear Mr Battistelli,

On 12.08.2014 you informed staff of your decision to reduce the “administrative tasks“ performed by the members of the Boards of Appeal and of the Enlarged Board of Appeal. The administrative tasks concerned are the participation in selection boards for procedures external to DG3 and in the work of other bodies under the Service Regulations. In practice, this decision heavily affects nominations in selection boards and in the Disciplinary Committee, where the staff representation used to rely on colleagues from DG3 to provide some independence in those procedures in the past.

As to the reasons, you referred to “possible consequences resulting from the discussion” on the interlocutory decision R 19/12 by the Enlarged Board of Appeal.

As we understand it, the Enlarged Board decided in decision R 19/12 that the obligation imposed on the Vice-President DG3 (VP3), when acting as a high-ranking officer directly under the President, to consider and support efficiency and productivity goals to be reached by the Office may conflict with his duty, when acting as a member of the Enlarged Board of Appeal, to review decisions of the Boards of Appeal as an independent judge and, in so-doing, to contribute to the development of the case law as regards the protection of the procedural rights of the parties. In other words, the Enlarged Board saw in decision R 19/12 a potential conflict of interest between VP3′s managerial and judicial responsibilities.

We do not see such a general potential conflict in the involvement of DG3 members in selection boards, in the Disciplinary Committee or in other bodies under the Service Regulations, essentially because DG3 members have no managerial responsibilities in other DGs.

We therefore respectfully ask to be informed why you consider decision R 19/12 to be relevant to their involvement in those tasks.

We further respectfully ask to be informed why you considered that the obligation to consult the General Consultative Committee in accordance with Article 38 ServRegs did not apply to your decision.

As we now know, this Disciplinary Committee became a farce around that time. Grant Philpott, a thin-skinned advocate of software patents with background in the British Army, was Chairman of the notorious Disciplinary Committee (which ILO deemed to be unsuitably composed months after its union-busting activities had ‘decapitated’ SUEPO).

Those who pretend that the boards were “asking for it” or deserved punishment engage in artistic revisionism of history. Battistelli never wanted them. He wanted to destroy them, having already destroyed several other auditory jobs.

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. 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



  2. 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



  3. 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



  4. 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)



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

    Links for the day



  6. 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



  7. 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



  8. 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



  9. 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)



  10. The EPO Protest Tomorrow Isn't Just About Judge Corcoran But About the EPO as a Whole

    PO staff is about to protest against the employer, pointing out that "Battistelli is still showing a total and utter lack of respect not only for his staff and their rights but also for the Administrative Council and for the Tribunal"



  11. Claim: Judge Corcoran to Be Put Under Benoît Battistelli's Control in DG1

    Benoît Battistelli, who openly disregards and refuses to obey judges (while intervening in trials and delivering 'royal decrees' whenever it suits him), may soon gain direct control over the judge he hates most



  12. The European Patent Organisation Refrains (For Nearly a Week) From Speaking About Battistelli's Abuses as Judged by ILO Tribunal

    The EPO's silence on the matter of Patrick Corcoran is deafening; to make matters worse, the EPO continues to pollute media and academia with money of stakeholders, with the sole intention of lobbying and misleading news coverage (clearly a disservice to these stakeholders)



  13. Carl Josefsson Lets Judge Patrick Corcoran Come Back to Work at the EPO

    After initial reluctance to obey/respect the rulings from the ILO (security staff declining access) there is official permission for Patrick Corcoran to enter and resume work (following 3 years of injustice against him)



  14. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin



  15. Links 11/12/2017: Linux 4.15 RC3, Debian 8.10 and Debian 9.3

    Links for the day



  16. Judge Corcoran Turns to His Government for Help and EPO 'House Ban' is Finally Lifted

    Sources that are very reliable say that Patrick Corcoran is coming back to work, however it's now clear when and how long for



  17. Raw: Battistelli's Control/Domination Over the Boards of Appeal

    An old EPO document internally voicing concerns about the lack of independence at the Boards of Appeal



  18. Raw: Conflicts of Interest of EPO Vice-President

    An old EPO concern regarding structural collisions and mixed loyalties



  19. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  20. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  21. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)



  22. Patents Are Becoming a Welfare System for the Rich and Powerful

    A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger



  23. Unlike the Mobile Domain, When it Comes to Cars Patent Lawsuits Remain Rare

    An optimistic note regarding the relatively low-temperature legal landscape surrounding advanced automobiles, even though patents are being amassed on software in that domain



  24. The Federal Circuit Rules (Again) in Favour of Section 101/Alice, Koch-Funded CPIP Tries to Overturn Alice at the Supreme Court

    The US Supreme Court's decision on Alice continues to have a profoundly positive impact (except for trolls) and Koch-funded academics try hard to compel the US Supreme Court to reverse/override Alice (so far to no avail)



  25. Next Director of the USPTO Parrots Talking Points of Patent Extremists and Their Lobbyists

    The next USPTO boss (still subject to official confirmation) may be little more than a power grab by the litigation and patenting 'industry', which prioritises not science and technology but its own bottom line



  26. Raw: Three Years for 'Justice' (to be Disregarded by Benoît Battistelli) at ILO and Over a Decade at the EPO

    The delays associated with ‘justice’ at the EPO (usually neither justice nor compliance with rulings) have become so extraordinary that immunity should long ago have been stripped off and Battistelli et al been held accountable



  27. Raw: Scuttling of the General Advisory Committee and Battistelli Stacking the Deck to Have 'Yes Men' as Representatives

    How the EPO broke down resistance to Battistelli’s oppressive policies not only at the Council, disciplinary committees and auditory divisions but also staff representation (symptomatic of Battistelli’s notion of justice)



  28. The Patent Trial and Appeal Board Will Endure Supreme Court Test and Overcome the Tribal Immunity “Scam”

    The Patent Trial and Appeal Board (PTAB), based on the latest news, is still winning the argument and justifying its existence/importance



  29. Phones/Mobility (Trillion-Dollar Market) May Have Become Infested and Encumbered by Aggressive, Dying Companies

    The tough reality that new entrants/entrepreneurs are facing now that a few dying giants look to "monetise" their patents rather than create anything



  30. Links 9/12/2017: Mesa 17.3, Wine 3.0 RC1, New Debian Builds

    Links for the day


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