03.12.18

Doubt Over Independence of Judges at the EPO Clouds Reason in Deciding Regarding Patents on Life

Posted in Europe, Patents at 1:59 am by Dr. Roy Schestowitz

Judges themselves doubt their own independence (publicly even)

A shocked Battistelli

Summary: With the growing prospect of a Board of Appeal (BoA) having to decide on patentability of CRISPR ‘innovation’ (more like explanation/discovery), questions linger or persist about judges’ ability to rule as they see fit rather than what some lunatic wants

LAST WEEK we wrote two articles in which we mentioned how the EPO‘s Judge Corcoran was — without warning — removed from his office (never to return to it since 2014). Apparently Corcoran’s last decision/unfinished work was against a software patent of an EPO partner (maybe a coincidence) and whatever he’s accused of — mainly relaying true information about Team Battistelli — is something that hundreds if not thousands of other EPO workers could be accused of at the time (many messages had been relayed and were circulating regarding Battistelli and his dodgy ‘bulldog’ from Croatia).

“Apparently Corcoran’s last decision/unfinished work was against a software patent of an EPO partner (maybe a coincidence) and whatever he’s accused of — mainly relaying true information about Team Battistelli — is something that hundreds if not thousands of other EPO workers could be accused of at the time (many messages had been relayed and were circulating regarding Battistelli and his dodgy ‘bulldog’ from Croatia).”IP Kat finds no time to cover EPO scandals anymore (we know why). Rose Hughes (Reddie & Grose LLP), however, found time to cover things like this just before the weekend. “Last month,” she wrote, “the EPO published it’s [sic] sixth ever decision granting a petition for review (R 4/17). Granted petitions for review are notoriously difficult to obtain, as the EPO attempts to balance the need for the legal certainty of Board of Appeal (BoA) decisions, and the right to challenge flagrant violations of EPO procedure.”

Well, haven’t violations of EPO procedure/s become far too routine under Battistelli? We’ve lost count of how many such violations of EPO procedures we already covered. Including against BoA…

“Recently, the EPO Opposition Division opposed CRISPR patents, or at least one such patent loosely representative of the whole lot.”“Even if has [sic] been summarily dismissed,” noted the commenter. “it does not appear that the opposition division did exercise its discretion in an improper way. It look more than a hidden clarity objection. It is in any case doubtful that the proprietor will consent to this ground be introduced in the new appeal procedure.”

We remain rather disturbed/worried that after Judge Corcoran had been thrown somewhere (probably in another country, for the mere pretense of minimal compliance with ILO-AT rulings) the EPO’s management got away with it. As usual. Above the law.

Recently, the EPO Opposition Division opposed CRISPR patents, or at least one such patent loosely representative of the whole lot. The CRISPR situation at the EPO was covered here almost a dozen times this year, e.g. in [1, 2].

The patent trolls’ lobby, IAM, revisited the subject before the weekend when it said:

The University of California – which pioneered the foundational CRISPR Cas-9 methods (though it only developed these for use in bacterial cells) – is seeking to invalidate the Broad Institute’s core US patent for the specific use of CRISPR Cas-9 in plant and animal cells on the grounds that it interferes with its own IP rights.

It claims that the Broad Institute’s innovations were, at the time of application in 2012, merely an obvious application of the technology it had already pioneered and filed a patent for. The Broad Institute denies this, arguing that its invention was non-obvious and therefore separately patentable.

This is the US, where CRISPR patents are already in hot waters. What will the EPO’s BoA be able say about CRISPR patents, knowing that a colleague has already been targeted by Battistelli and all the Boards sent to ‘exile’ in Haar, presumably in an act of collective retaliation (like sending a young student to detention near the door, or office space that is merely rented in a distant suburb)? Judges complain about this publicly. Does anyone pay attention? Perhaps FCC judges?

“What will the EPO’s BoA be able say about CRISPR patents, knowing that a colleague has already been targeted by Battistelli and all the Boards sent to ‘exile’ in Haar, presumably in an act of collective retaliation (like sending a young student to detention near the door, or office space that is merely rented in a distant suburb)?”Let’s face it; the EPO is still in a serious crisis — one that IP Kat is unwilling to speak about any longer (no more than a couple times per year).

Patent maximalists other than IAM meanwhile speak about CAFC‘s and the Supreme Court’s decision in Promega Corp. v Life Technologies Corp.

To quote Patent Docs:

In reversing the Federal Circuit and remanding the case, the Supreme Court, in Life Technologies Corp. v. Promega Corp., determined “that a single component does not constitute a substantial portion of the components that can give rise to liability under §271(f)(1).” As the Supreme Court noted, Life Technologies manufactured all but one component of its kits in the United Kingdom — manufacturing Taq polymerase in the United States and then shipping the Taq polymerase to its United Kingdom facility to be combined with the other four components of the kit.

[...]

The opinion conceded that “[t]his is an unusual case,” noting that “[p]atent owners who prove infringement are typically awarded at least some amount of damages.” However, in this case, Promega waived its right to a damages award “when it deliberately abandon[ed] valid theories of recovery in a singular pursuit of an ultimately invalid damages theory.” The Federal Circuit therefore concluded that the District Court did not abuse its discretion by declining to give Promega “multiple chances to correct deficiencies in its arguments or the record.” As a result, the panel also affirmed the District Court’s denial of Promega’s motion for a new trial.

It’s worth noting that this pertains to the United Kingdom, i.e. Europe. The US gets to decide on patent matters abroad. If that sounds familiar if not worrying, think what the UPC strives to achieve. More so in the context of a seriously deficient legal system where a crazed patent maximalist (Battistelli) exercises (abuse of) power over judges.

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

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. InteLeaks – Part XXIX: Harbor Research Did Not Produce a Study But an Elaborate Hoax for Intel, Suggesting Microsoft Partnership and Outsourcing Based on Zero Evidence and No Solid Rationale

    The pseudo-scientific ‘report’ from Harbor Research is more of the same nonsense we’ve grown accustomed to; unethical if not rogue firms are being paid to lie — or to perpetuate falsehoods which someone stands to gain from



  2. Video: The State of Communities Surrounding GNU/Linux Distributions

    A discussion about the state of volunteer efforts going into the development, maintenance (in the 'maintainership' sense) and support/advocacy of GNU/Linux distros



  3. IRC Proceedings: Friday, January 22, 2021

    IRC logs for Friday, January 22, 2021



  4. InteLeaks – Part XXVIII: Intel Served Report From Microsoft Boosters, Who Provide No Actual Evidence and No Science to Back Their Supposed 'Findings'

    Findings and recommendations from Harbor 'Research' aren't based on any scientific methods, just perceived loyalty, branding, and a bunch of unsourced quotes (from unnamed people with ridiculous job titles like a soup of buzzwords)



  5. Erosion of Communities, Ascent of Corporate-Industrial Fake Communities

    Despite the attempts to manipulate/trick developers (and sometimes users) into becoming unpaid workforce of for-profit companies, there's an exodus back to real communities, which aren't subjected to the fury of wealthy shareholders who utterly dislike or simply don't care for software freedom



  6. The Corporate 'Left' and the Open Source Pseudo 'Movement'

    President Biden may not be as bad as his predecessor, but that hardly means very much; software freedom is still threatened, along with many other things



  7. Links 22/1/2021: pfSense Plus, Endless OS Foundation, and Many Laptops With GNU/Linux

    Links for the day



  8. The Linux Foundation is Trying to Obscure Racism Using Microsoft-Inspired Tactics (Vouchers Disguised as Actual Money)

    The Linux Foundation and its PR stunts don’t help combat racism; one might argue that the Foundation is leveraging racism, which prevails in the US, to paint itself as benevolent and caring (offering immaterial things and self-serving press releases)



  9. InteLeaks – Part XXVII: 'Pulling a Nokia' on Intel (Outsourcing to Microsoft)

    The recommendation of an Intel marriage with Microsoft (even in units that deal mostly with Linux) is an insulting slap across the face of developers employed there; we take a look at recommendations made to IoTG (Intel) by a firm with Microsoft orientation



  10. IRC Proceedings: Thursday, January 21, 2021

    IRC logs for Thursday, January 21, 2021



  11. InteLeaks – Part XXVI: Harbor Research is Horrible 'Research', Lacking Actual Technical Background

    Having looked at the members of staff of Harbor Research (individually), it seems clearer now why they have an affinity for Microsoft and why they're directing Intel to liaise with Microsoft and become a prisoner of Microsoft (even in areas where Microsoft is increasingly irrelevant)



  12. Links 21/1/2021: Raspberry Pi Pico, Ubuntu 21.04 Picks GNOME 3.38, KDE Plasma 5.21 Beta

    Links for the day



  13. How a Newly Inaugurated President Biden Can Advance Software Freedom (If He Actually Wishes to Do So)

    Techrights has 'Four Suggestions' to President Biden, the 46th 'front end' of American plutocracy



  14. InteLeaks – Part XXV: Intel's Brain Drain Leads to Unusual Measures

    As the company once known as 'chipzilla' loses its relevance and dominance in the market it's reaching out to retired people, trying to get them back onboard



  15. Hey Hi (AI) is Just a Trojan Horse for Illegal Software Patents, According to EPO Management and Litigation Firms It's in Bed With

    The longtime pushers or the lobby of patent profiteers just carry on pushing for software patents, nowadays latching onto the inane and unwarranted media hype around Hey Hi (AI) — a hype wave that was co-opted by EPO management to grant unlawful patents



  16. The Central Staff Representatives (CSC) of the EPO Are Petitioning to End the Assault on EPO Staff

    The EPO, just one month after the staff went on strike, is about to receive a compelling petition to stop the assault on EPO staff



  17. InteLeaks – Part XXIV: Love for Microsoft, Not for Free Software or Whatever Replaces Microsoft

    Intel is basing its big decisions on buzzwords and firms that master buzzwords; it's sad that instead of listening to Intel's own (in-house) engineers it's relying on a bunch of clowns who push 'Clown Computing' and 'apps' and 'UX'...



  18. IRC Proceedings: Wednesday, January 20, 2021

    IRC logs for Wednesday, January 20, 2021



  19. Links 21/1/2021: Google Tightens the Screws on Chromium, VideoLAN VLC 3.0.12

    Links for the day



  20. IBM Panics and Resorts to 'Customer Retention' Tactics With Red Hat Enterprise Linux (RHEL)

    IBM 'frees' RHEL but with limitations that can restrict growth of small companies (or subject them to financial barriers, originally unforeseen)



  21. Recent Techrights Articles About President Joe Biden

    Instead of writing yet more stuff about the latest US president, let's look back at what we wrote in recent weeks/months



  22. Links 20/1/2021: LibreOffice 7.1 RC2 and the RHEL Contingency

    Links for the day



  23. InteLeaks – Part XXIII: Intel Paying for Bogus 'Research' 'Insights' Which Merely Seek to Justify Outsourcing to Microsoft and Imposing Microsoft's Proprietary Software on Free Software Developers

    Intel's preference for Microsoft monopoly (an imposed/top-down decision) was seemingly certified by so-called 'consultants' and 'analysts' from the outside rather than the inside, basically manufacturing a false perception of consent after managers had already made up their minds



  24. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part V: How FSF Secrecy Ended Up Insulting People, Alienating Trans Developers

    Having just uploaded this introductory video, we delve into the backstory or the real reason the FSF sank into somewhat of a crisis with the trans community almost half a decade ago



  25. InteLeaks – Part XXII: Bubbles and Buzzwords, No Substance at Intel's Internet of Things (IoT) Group (IOTG)

    The video above is continuation of the previous part about a document full of superficial buzzwords (not technical jargon anywhere), in effect recommending to managers that they blindly follow trends and cargo cults (such as Clown Computing) and not what’s most suitable for technical excellence



  26. IRC Proceedings: Tuesday, January 19, 2021

    IRC logs for Tuesday, January 19, 2021



  27. Links 20/1/2021: WireGuard for pfSense and New US President

    Links for the day



  28. Links 19/1/2021: Krita 4.4.2 Released and JingOS Hype

    Links for the day



  29. Team UPC Keeps Pretending That UPCA Can Still be Resurrected (Even Without the UK, Which is Strictly a Requirement)

    The latest distortion of facts regarding the Unified Patent Court (UPC) Agreement (UPCA) as seen from the lens of people who seek to profit from such distortion



  30. 'Ethical Source' is Not Ethical and Not a Movement But a Misguided Self-Serving PR Stunt

    Something which is neither enforceable nor ethical is being promoted by profoundly unethical media in the pockets of large corporations


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