12.12.17

Gemini version available ♊︎

Claim: Judge Corcoran to Be Put Under Benoît Battistelli’s Control in DG1

Posted in Europe, Patents, Rumour at 1:33 am by Dr. Roy Schestowitz

Would you trust this man near judges?

Mafia Battistelli

Summary: 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

THE EPO is in shambles and we welcome Dr. Thorsten Bausch’s criticism of this whole situation. If only more of his colleagues and others in his professional domain found the courage to speak out…

Yesterday Bausch published “Quo usque tandem, Battistelle,” soon to be recommended or at least also cited by JUVE’s Mathieu Klos‏ and Dr. Luke McDonagh, who wrote (and cited the Irish Times along with Bausch’s post): “The European #Patent Office’s labour practices have become incredibly controversial: of interest to the #ECHR (via a complaint made against the Netherlands by its trade union) and the International Labour Organisation (#ILO)…”

Nobody is happy about it. We saw one personal attack on a dismissed staff representative (the typical pretense that EPO staff is rich and spoiled), but everything else is very unflattering to Battistelli and the EPO. Bausch said that Battistelli “is a powerful person, no doubt. But he is not above the law, and he should not be. It must be possible that courts or tribunals set limits to his powers and at times even vacate decisions that he has made. The same is true for the Administrative Council. Both the President and the AC are bound by the European Patent Convention, which has to be interpreted, as the case may be, by an independent court or tribunal.”

More from his article:

If a recent report by JuVe is correct – and they are normally well informed – then Mr. Corcoran has not only won his cases before the ILO, but also before the Regional Court of Munich and the Office of the State Prosecutor in Munich. This is at least what Mr. Corcoran’s attorney told JuVe: “Denn durch die beiden ILOAT-Urteile und diverse Entscheidungen des Landgerichts München und der Staatsanwaltschaft München wurde nun von dritter Seite zweifelsfrei bestätigt, dass die Vorwürfe von Herrn Battistelli gegen meinen Mandanten unbegründet sind” (in English: “The two ILOAT judgments and several decisions of the Regional Court of Munich and the State Prosecutor of Munich have confirmed without any doubt that Mr. Battistelli’s accusations against my client are unfounded.”) – If the EPO has different facts to report, then let us hear them. Otherwise I hope that the decisions by the Munich court will become public some day. They could be interesting.

In any case, the plot seems to thicken. Maybe Mr. Battistelli is really a case for „Krampus“. If he does not change course now and if he continues refusing to do what the ILO ordered the EPO to do, he should be sacked. Otherwise, the Administrative Council risks a serious loss in reputation of the European Patent Office, and I cannot imagine that the German Federal Constitutional Court would firmly close its eyes to such a breach of the constitution and the EPC. Let it not be forgotten that the rule of law is the fundament of the EPO member states’ constitutions and the European patent system as a whole.

And, ceterum censeo, dear Administrative Council, please finally fill the gaps in the technical members of the Boards of Appeal! There are still more than 20 unoccupied positions shown in the business distribution scheme and the duration of appeal proceedings has become truly unbearable.

Someone in the comments then pointed out, correctly, that “ILO decisions in re Judge Corcoran probably mark the beginning of Mr Battistelli´s end.”

To quote:

The recent ILO decisions in re Judge Corcoran probably mark the beginning of Mr Battistelli´s end.
A number of cases of harassement and violations of fundamental rights by him and his minions against various victims are still pending before the Tribunal of the ILO, which expressly justified the extraordinary public announcement last Wednesday by the fact that it would apply the very same considerations in several decisions to come.
The decisions also illustrate how Mr Battistelli made a fool of the AC, bringing both the EPO and the UPC to a point of rupture, with disastrous consequences to be expected from the pending constitutional complaints before the GCC.
Any new proposal from Mr Battistelli in his last months of service is therefore likely to be dumped immediately by the AC.
And once he will have lost power, influence and intimidation capacity, expect dozens of new stories and scandals to emerge. Has he for example really got the Chair of the CEIPI Board tby virtue of his outstanding legal knowledge and brilliant achievements in intellectual property matters rather than perhaps by massively threatening the CEIPI to put a brutal end to EPO´s cooperation and substantial financial support, if he was not elected?

We wrote about CEIPI in the following posts:

Teachers at CEIPI were complaining about Battistelli’s appointment before they even knew about the ILO judgments.

Thorsten Bausch told the above commenter: “Then let us just hope that this reinstatement will also be accepted by the President of the EPO, not just the President of the Boards of Appeal. If so, it would be good news for the rule of law.”

Battistelli and the Office, as we've just noted, have said nothing whatsoever about it. Only Carl Josefsson did.

But mind the next comment, which adds new information/speculation (highlighted in yellow below):

Mr Corcoran was today in Haar (DG3) but it is still unclear whether he can enter other EPO premises (eg Isar, Pschorr Höffe)

I just heard from usually well informed sources that the plan is to now let Mr Corcoran in DG3 until 31.12.2017 and from 01.01.2018 to have in [sic] (him?) back in DG1 under Battistelli !

Suspended 3 years, charges with nothing, a professional life and a reputation totally destroyed by a system incapable to acknowledge its own mistakes plus, cherry on the cake, the brilliant demonstration of the “independence” of the DG3 : Merry Xmas Mr Battistelli !

Can anybody verify/confirm the highlighted text above? We do need independent verification.

Over at The Register many of the comments are not on topic (as usual), but here’s one that is:

Does the ILO’s court have the ability to hand out contempt of court rulings and fines?

Does the ILO’s court have the ability to hand out contempt of court rulings, fines and to jail those individual persons who ignore or unduly delay enacting its rulings? You know, like real courts can do.
If so, then now is the time it is the time for the ILO’s court to start putting individual people in jail until the obey its rulings.
Benoit Battistelli
Benoit Battistelli’s blindly obedient servant, the head of the EPO’s security*
And if that doesn’t do it, then next week the EPO’s executive committee
* Since when did, “I’m just doing what my boss told me to do” justify refusing to obey a court order?

See this reply:

I thought the procedure was that the recipient of the decision could go to the national court to enforce it. In that case the immunity of the organisation would not apply. I could be wrong. Of course the EPO has won a case before the Dutch Supreme Court which was partly based on the EPO’s recognition of the ILO as being a legitimate source of justice for the staff (contrary to the staff’s assertion to the practical application of the right). Failure to apply the ILO decision could well bring that decision back to the table, particularly as the staff Union is currently appealing it to the higher European court for human rights. Ultimately it may rely on the national government (Germany, country of the EPO Chairman) taking steps with regard to the immunity. A ridiculous diplomatic conflict may ensue?
For the want of a nail…

It is going to be interesting to see the ramifications/knock-on effect at ECHR.

Some of the comments are even less polite and suggest law enforcement ought to get involved:

The guy should turn up with a couple of friendly policemen in tow and the minute he is refused access, the police should arrest and handcuff anyone who stops the guy.

Start with the security oik and when he says he has been told to do it, go arrest the person who issued the instruction. Cart them off to a holding cell and remind them that if they repeat it, then they will be arrested again.
Proceed ad finitum until the cops run out of handcuffs and the organisation gets the hnt.

Imagine that. And read the reply:

Except… the EPO buildings are inviolable so any police raid would lead to a call from the EPO to the Ministry of Foreign Affairs for back-up. Could lead to a stand-off. And don’t forget BB has personal bodyguards.

Insiders have told us they believe things will get nasty pretty soon. It’s also hard to believe that Corcoran under direct control of Battistelli (and his circle) will be in safe hands. We’re less optimistic than SUEPO and deem Campinos to be an extension of Battistelli’s “circle” (or “swamp” as they nowadays call it across the pond).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Teaser] Rape is Not a Joke

    Having just uploaded a police report, we’re starting to move the ongoing series to the next phase, which will still be — for the most part — weekly installments on Mondays (for months to come)



  2. [Teaser] Meet Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley

    Alex Graveley, a serial abuser, has been protected by Microsoft; what does that say about Microsoft and about Nat Friedman, GitHub’s CEO whom Alex considers his "best friend"? Stay tuned as we have plenty more to show



  3. IRC Proceedings: Tuesday, December 07, 2021

    IRC logs for Tuesday, December 07, 2021



  4. Links 8/12/2021: FreeBSD 12.3, EasyOS 3.1.13, and WordPress 5.9 Beta 2

    Links for the day



  5. [Meme] EU Assurances

    The EPO‘s staff cannot be blamed for losing patience as elected public representatives completely fail to do their job (with few exceptions)



  6. Clare Daly (GUE/NGL) Does What Every Public Official in Europe Should Have Done About EPO Shenanigans

    There’s another (new) push to hold the EPO accountable, seeing that the overseers clearly do not do their job and instead cover up the abuses



  7. Links 7/12/2021: Firefox 96 Beta and Fedora 37 Abandons ARMv7

    Links for the day



  8. Links 7/12/2021: Plasma Mobile Gear 21.12 and Tails 4.25

    Links for the day



  9. All IRC Logs Now Available as GemText Over Gemini Protocol

    Today we've completed the transition from plain text over gemini:// to GemText over gemini:// for IRC logs



  10. IRC Proceedings: Monday, December 06, 2021

    IRC logs for Monday, December 06, 2021



  11. [Meme] Rowing to the Bottom of the Ocean

    The EPO‘s Steve Rowan (VP1) is failing EPO staff and sort of “firing” workers during times of crisis (not at all a crisis to the EPO’s coffers)



  12. EPO Gradually Reduced to 'Fee Collection Agency' Which Eliminates Its Very Own Staff

    Mr. Redundancies and Mr. Cloud are outsourcing EPO jobs to Microsoft and Serco as if the EPO is an American corporation, providing no comfort to long-serving EPO staff



  13. Linux Foundation 2021 Annual Report Made on an Apple Mac Using Proprietary Software

    Yes, you’re reading this correctly. They still reject both “Linux” and “Open Source” (no dogfooding). This annual report is badly compressed; each page of the PDF is, on average, almost a megabyte in size (58.8 MB for a report of this scale is unreasonable and discriminates against people in countries with slow Internet connections); notice how they’re milking the brand in the first page (straight after the cover page, the 1991 ‘creation myth’, ignoring GNU); remember that this foundation is named after a trademark which is not even its own!



  14. Links 7/12/2021: OpenIndiana Hipster 2021.10 and AppStream 0.15

    Links for the day



  15. Microsoft “Defender” Pretender Attacks Random Software That Uses NSIS for installation; “Super Duper Secure Mode” for Edge is a Laugh

    Guest post by Ryan, reprinted with permission



  16. Links 6/12/2021: LibreOffice Maintenance Releases, Firefox 95 Finalised

    Links for the day



  17. “Wintel” “Secure” uEFI Firmware Used to Store Persistent Malware, and Security Theater Boot is Worthless

    Guest post by Ryan, reprinted with permission



  18. No Linux Foundation IRS Disclosures Since 2018

    The publicly-available records or IRS information about the Linux Foundation is suspiciously behind; compared to other organisations with a "tax-exempt" status the Linux Foundation is one year behind already



  19. Jim Zemlin Has Deleted All of His Tweets

    The Linux Foundation‘s Jim Zemlin seems to have become rather publicity-shy (screenshots above are self-explanatory; latest snapshot), but years ago he could not contain his excitement about Microsoft, which he said was "loved" by what it was attacking. Days ago it became apparent that Microsoft’s patent troll is still attacking Linux with patents and Zemlin’s decision to appoint Microsoft as the At-Large Director (in effect bossing Linus Torvalds) at the ‘Linux’ Foundation’s Board of Directors is already backfiring. She not only gets her whole salary from Microsoft but also allegedly protects sexual predators who assault women… by hiring them despite repeated warnings; if the leadership of the ‘Linux’ Foundation protects sexual predators who strangle women (even paying them a salary and giving them management positions), how can the ‘Linux’ Foundation ever claim to represent inclusion and diversity?



  20. Microsoft GitHub Exposé — Part IX — Microsoft's Chief Architect of GitHub Copilot Sought to be Arrested One Day After Techrights Article About Him

    Balabhadra (Alex) Graveley has warrant for his arrest, albeit only after a lot of harm and damage had already been done (to multiple people) and Microsoft started paying him



  21. The Committee on Patent Law (PLC) Informed About Overlooked Issues “Which Might Have a Bearing on the Validity of EPO Patents.”

    In a publication circulated or prepared last week the Central Staff Committee (CSC) of the EPO explains a situation never explored in so-called 'media' (the very little that's left of it)



  22. Links 6/12/2021: HowTos and Patents

    Links for the day



  23. IRC Proceedings: Sunday, December 05, 2021

    IRC logs for Sunday, December 05, 2021



  24. Gemini Space/Protocol: Taking IRC Logs to the Next Level

    Tonight we begin the migration to GemText for our daily IRC logs, having already made them available over gemini://



  25. Links 6/12/2021: Gnuastro 0.16 and Linux 5.16 RC4

    Links for the day



  26. Links 5/12/2021: Touchpad Gestures in XWayland

    Links for the day



  27. Society Needs to Take Back Computing, Data, and Networks

    Why GemText needs to become 'the new HTML' (but remain very simple) in order for cyberspace to be taken away from state-connected and military-funded corporations that spy on people and abuse society at large



  28. [Meme] Meanwhile in Austria...

    With lobbyists-led leadership one might be led to believe that a treaty strictly requiring ratification by the UK is somehow feasible (even if technically and legally it's moot already)



  29. The EPO's Web Site is a Parade of Endless Lies and Celebration of Gross Violations of the Law

    The EPO's noise site (formerly it had a "news" section, but it has not been honest for about a decade) is a torrent of lies, cover-up, and promotion of crimes; maybe the lies are obvious for everybody to see (at least EPO insiders), but nevertheless a rebuttal seems necessary



  30. The Letter EPO Management Does Not Want Applicants to See (or Respond to)

    A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)


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