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

07.15.18

Cautionary Tale: ILO Administrative Tribunal Cases (Appeals) ‘Intercepted’ Under António Campinos

Posted in Europe, Law, Patents at 11:03 am by Dr. Roy Schestowitz

UIMP event and FTI Consulting

Summary: The ILO Administrative Tribunal (ILO-AT) is advertised by the EPO‘s management as access to justice, but it’s still being undermined quite severely to the detriment of aggrieved staff

THE NEW President of the EPO, António Campinos, is still not complying with ILO-AT judgments. It’s problematic for a lot of reasons and sources of ours already give up on him (or concede hope that he will fix things that matter). Actions are needed; it has already been half a month.

Earlier this year we saw links to some tweets of somebody called Anette Koch, who came out in Twitter, revealing grievances she had experienced at the EPO. Just before the weekend we saw more links (or retweets) from EPO-connected accounts to documents that we decided to publish yesterday. These documents, or rather a two-page letter (E-mail/s), confirmed our suspicions that when it comes to justice Campinos and Battistelli might be indistinguishable.

“These documents, or rather a two-page letter (E-mail/s), confirmed our suspicions that when it comes to justice Campinos and Battistelli might be indistinguishable.”So we attempted to contact the person in question. It wasn’t hard because the E-mail appeared in the above documents. We now have a better understanding of what’s going on and would like to share what the EPO under Campinos is doing.

“The EPO attempts to jeopardize three of my cases with the Tribunal by arbitrarily re-starting them in internal appeal and inviting me for comments,” Koch responded to my E-mail, “[so] of course I will comment to the Tribunal only. Please note that the Tribunal did not refer them back to the EPO, i.e. the EPO acts on its own initiative.”

Remittance before judgments can even be reached? That’s odd. How many more people might this be done to? It wouldn’t be so shocking if the EPO, under instructions from high-level management (maybe Campinos himself or HR itself), is just mass-mailing this to a lot of complainants.

“I am sick and tired of this type of bullying,” Koch told me, “I have pain in my stomach and in my right wrist currently, so I have to be short.”

“Remittance before judgments can even be reached?”It doesn’t look as though the EPO changes in any concrete way under Campinos. I gave him a chance, I really did; I wanted to think that things were going to improve at least in the sense that the social climate might change. But they’re still panicking. Staff still suffers. SUEPO representatives, victims of union-busting efforts, are still in limbo.

It’s worth noting that the document (or documents, a few E-mails) was produced well after Campinos had taken over and, if so and considering the circumstances, who is most culpable (or to blame) here? The legal department, HR, or someone else?

Campinos has been President since the first of July. The documents (E-mails) are dated 9th of July and 10th of July, respectively. While the decision mentioned could still have been taken by Mr. Battistelli, the new President should normally have been informed. He is welcome to stop this.

“While the decision mentioned could still have been taken by Mr Battistelli, the new President should normally have been informed. He is welcome to stop this.”The crucial legal points are: (i) a lower judicial instance cannot re-start a case under appeal on its own initiative (notwithstanding the non-judicial character of the EPO which is a party to these cases), (ii) in the E-mails the IAC clearly threatens to adopt the current procedural rules (it points to them), i.e. all its members can be nominated by the President only or determined by lots. To adopt the current rules contravenes the principle of non-retroactivity, obliging the EPO to follow the Service Regulations at the time of filing internal appeals at which part of IAC members were still to be nominated by the CSC (where’s the IAC’s “independence” otherwise?).

“The effect of such E-mails on my health is significant,” Koch told me, “i.e. pain in my stomach, neck, wrist and elbow.”

It’s bad enough that the EPO’s poor facilities have already caused many disabilities at the EPO (we wrote about it before). It’s even worse that those people get ‘discarded’ once the EPO ‘breaks’ them and these people are then denied access to justice. What kind of employer is this? Persistent rumours suggest that the EPO isn’t even hiring anymore; it only pretends to, i.e. it’s wasting people’s time and making them nervous without any prospects of a job.

“This further reaffirms SUEPO’s allegation (from a couple of weeks back) that ILO-AT “remains very much an employer’s court” (not employees’) because it’s often doing whatever EPO management wants it to do.”Remarking on the above, Koch replied to our query by asserting that “the main aim of all this is of course to prevent treatment of my cases in substance by the Tribunal, by having them referred back to the IAC, i.e by delay. This would be another catastrophe, and I have to do everything I still can to prevent this [...] it’s about the EPO’s and partly the ILOAT’s way of proceeding, not about me in person [...] Yet it is new (in my cases) and utterly absurd that the IAC simply restarts cases in internal appeal on its own motion, even without the Tribunal referring them back to the IAC (at least SUEPO did not report such cases yet).”

This further reaffirms SUEPO’s allegation (from a couple of weeks back) that ILO-AT “remains very much an employer’s court” (not employees’) because it’s often doing whatever EPO management wants it to do. It doesn’t really feel impartial and decisions get delayed at the request of the EPO.

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. Links 16/8/2018: MAAS 2.4.1, Mesa 18.2 RC3

    Links for the day



  2. USPTO Craziness: Changing Rules to Punish PTAB Petitioners and Reward Microsoft for Corruption at ISO

    The US patent office proposes charging/imposing on applicants that are not customers of Microsoft a penalty; there’s also an overtly and blatantly malicious move whose purpose is to discourage petitions against wrongly-granted (by the USPTO) patents



  3. The Demise of US Software Patents Continues at the Federal Circuit

    Software patents are rotting away in the United States; it remains to be seen when the U.S. Patent and Trademark Office (USPTO) will truly/fully honour 35 U.S.C. § 101 and stop granting such patents



  4. Almost Two Months After the ILO Ruling Staff Representative Brumme is Finally Back on the Job at EPO

    Ion Brumme gets his position at the EPO back, owing to the Administrative Tribunal of the International Labour Organization (ILO-AT) ruling back in July; things, however, aren't rosy for the Office as a whole



  5. Links 15/8/2018: Akademy 2018 Wrapups and More Intel Defects

    Links for the day



  6. Antiquated Patenting Trick: Adding Words Like 'Apparatus' to Make Abstract Ideas Look/Sound Like They Pertain to or Contain a 'Device'

    35 U.S.C. § 101 (Section 101) still maintains that abstract ideas are not patent-eligible; so applicants and law firms go out of their way to make their ideas seem as though they're physical



  7. Open Invention Network (OIN) Member Companies Need to Become Unanimous in Opposition to Software Patents

    Opposition to abstract software patents, which even the SCOTUS and the Federal Circuit nowadays reject, would be strategically smart for OIN; but instead it issues a statement in support of a GPL compliance initiative



  8. President Battistelli 'Killed' the EPO; António Campinos Will 'Finish the Job'

    The EPO is shrinking, but this is being shrewdly disguised using terms like "efficiency" and a low-profile President who keeps himself in the dark



  9. Links 14/8/2018: Virtlyst 1.2.0, Blender 2.8 Planning Update, Zorin OS 12.4, FreeBSD 12.0 Alpha

    Links for the day



  10. Berkheimer Changed Nothing and Invalidation Rates of Abstract Software Patents Remain Very High

    Contrary to repetitive misinformation from firms that 'sell' services around patents, there is no turnaround or comeback for software patents; the latest numbers suggest a marginal difference at best — one that may be negligible considering the correlation between expected outcomes and actions (the nature of risk analysis)



  11. Lockton Insurance Brokers Exploiting Patent Trolls to Sell Insurance to the Gullible

    Demonstrating what some people have dubbed (and popularised) "disaster capitalism", Lockton now looks for opportunities to profit from patent trolls, in the form of "insurance" (the same thing Microsoft does)



  12. Patent Lawyers Writing Patent Law for Their Own Enrichment Rather Than for Innovation

    We have become detached from the original goals and come to the point where patent offices aren't necessarily run by people qualified for the job of advancing science and technology; they, unlike judges, only seem to care about how many patents get granted, irrespective of their quality/merit



  13. Links 13/8/2018: Linux 4.18 and GNU Linux-libre 4.18 Arrive

    Links for the day



  14. PTAB is Loathed by Patent Maximalists Because It Can Potentially Invalidate Thousands of Software Patents (More Than Courts Can Handle)

    The US patent system has become more resistant to software patents; courts, however, are still needed to invalidate such patents (a potentially expensive process) because the USPTO continues to grant these provided some fashionable buzzwords/hype waves are utilised (e.g. "facial recognition", "blockchain", "autonomous vehicles")



  15. Gene Quinn and 'Dallas Innovates' as Couriers of Agenda for Patent Trolls Like iPEL

    Failing to hide their real purpose and malicious agenda, sites whose real purpose is to promote a lot of patent litigation produce puff pieces, even for patently unethical trolls such as iPEL



  16. Software Patents, Secured by 'Smart' and 'Intelligent' Tricks, Help Microsoft and Others Bypass Alice/Section 101

    A look at the use of fashionable trends and buzzwords to acquire and pass around dubious software patents, then attempting to guard these from much-needed post-Alice scrutiny



  17. Keep Boston (and Massachusetts in General) From Becoming an Infestation Zone for Patent Litigation

    Boston, renowned for research and innovation, has become somewhat of a litigation hotbed; this jeopardises the state's attractiveness (except perhaps to lawyers)



  18. Links 12/8/2018: Academy of Motion Picture Arts and Sciences, Mesa 18.1.6 Release Notice, New Linux Imminent

    Links for the day



  19. Thomas Massie's “Restoring America’s Leadership in Innovation Act of 2018” (RALIA) Would Put the US Patent System in the Lions' (or Trolls') Mouth Again

    An anti-§ 101 and anti-PTAB bill from Rep. Thomas Massie (R-KY) strives to remove quality control; but by handing the system back to patent trolls he and his proponents simply strive to create more business of litigation, at the expense of innovation



  20. EPO-Style Problem-Solution: Tackling Backlog by Granting Lots of Low-Quality (Bogus) European Patents, Causing a Surge in Troll/Frivolous Litigation

    The EPO's lack of interest in genuine patent quality (measuring "quality" in terms of speed, not actual quality) may mean nothing but a litigation epidemic; many of these lawsuits would be abusive, baseless; those harmed the most would be small businesses that cannot afford a legal defense and would rather settle with those who exploit questionable patents, notably patent trolls



  21. Links 11/8/2018: PGP Clean Room 1.0, Ring-KDE 3.0.0, Julia 1.0

    Links for the day



  22. Propaganda Sites of Patent Trolls and Litigators Have Quit Trying to Appear Impartial or Having Integrity

    The lobbying groups of patent trolls (which receive money from such trolls) carry on meddling in policy and altering perception that drives policy; we present some new examples



  23. Months After Oil States the Patent Maximalists Still Try to Undermine Inter Partes Reviews (“IPRs”), Refusing to Accept Patent Quality

    The patent maximalists in the United States, seeing that the USPTO is moving away from patent maximalism, is desperate for a turnaround; prominent patent maximalists take it all out on PTAB



  24. The Unified Patent Court (UPC) Agreement is Paralysed, So Team UPC is Twisting Old News

    Paralysis of the Unified Patent Court Agreement (UPCA) means that people are completely forgetting about its very existence; those standing to benefit from it (patent litigation firms) are therefore recycling and distorting old news



  25. Patents as Profiteering Opportunities for Law Firms Rather Than Drivers of Innovation for Productive Companies

    A sample of news from yesterday; the patent microcosm is still arguing about who pays attorneys’ fees (not whether these fees are justified) and is constantly complaining about the decline in patent litigation, which means fewer and lower attorneys’ fees (less work for them)



  26. Links 9/8/2018: Mesa 18.2 RC2, Cockpit 175, WPA-2 Hash Cracking

    Links for the day



  27. Patent Maximalists -- Not Reformers -- Are the Biggest Threat to the Viability of the Patent System and Innovation

    Those who strive to infinitely expand patent scope are rendering the patent system obsolete and completely losing sight of the very purpose of the patent system, whose sanity US courts and lawmakers gradually restore (one ruling and one bill at a time)



  28. WeMove.EU Tackles Low Patent Quality at the European Patent Office (EPO)

    The breadth of European Patents, which now cover even nature itself, worries public interest groups; Team UPC, however, wants patent scope to expand further and António Campinos has expressed his intention to further increase the number of grants



  29. Links 8/8/2018: KDE Neon for Testing, New LibreOffice Release, Dart 2.0

    Links for the day



  30. Links 7/8/2018: TCP Vulnerability in Linux, Speck Crypto Code Candidate for Removal

    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