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

07.19.18

Mafia Tactics in Team UPC and Battistelli’s Circle

Posted in Europe, Patents at 10:35 am by Dr. Roy Schestowitz

Battistelli is probably vacationing in Corsica where he came from (and where his name is associated with the Mafia)

The EPO mafia
Image source

Summary: Mafia-like behaviour at the EPO and the team responsible for the Unified Patent Court (UPC); appointments of loyal friends and family members have become common (nepotism and exchange of favours), as have threats made towards critics, authorities, and the press

LAST night we explained yet again why UPC is dead (or dying). Team UPC will never admit this because it still believes in miracles or in corrupt officials, who are actually not a miracle but a fact of life.

“Team UPC will never admit this because it still believes in miracles or in corrupt officials, who are actually not a miracle but a fact of life.”An article by J A Kemp (a law firm) has just been published to deal with this subject. So was a paywalled article from IAM’s network and another copy of the nonsense from Hogan Lovells. They keep paying to spread this. They won’t want to say so publicly, but the UPC is going nowhere; they just waste their money reposting this crap, hoping perhaps that it can still occasionally attract some business (e.g. consultation about ‘unitary’ patents). Hogan Lovells is working with Managing IP (UPC booster) on this self-serving promotional event right now. Pure marketing!

“They won’t want to say so publicly, but the UPC is going nowhere…”Do not expect anything ‘unitary’ to kick off any time soon; it’s permanently stopped by abuses at the EPO among many other things, such as constitutional problems.

On June 21st Cohausz & Florack’s Gottfried Schüll wrote about the EPO’s attacks on judges. It’s citing Cicero and we overlooked this at the time. To quote a portion:

In an interview with C&F, Prof. Dr. Siegfried Broß, a former judge at the Federal Constitutional Court, was critical of the European Patent Office (EPO) pointing out that major democratic constitutional deficits and human rights have occurred there. An recent article from the debate magazine Cicero published in March 2018 supports and underscores the expert’s statement. The article looks at the consequences of international organizations having legal immunity and lists various cases of arbitrary actions and bullying. The author, Petra Sorge, describes in particular instances of misconduct ate the EPO. Among these is the case where a judge who worked for the EPO Board of Appeal for years fell under suspicion in December 2014 of having leaked internal information and having slandered top personnel at the Office. According to Cicero’s research, the Investigative Unit of the EPO, an intelligence-gathering bod, secretly monitored the judge’s e-mails and PCs and even included uninvolved persons. According to Sorge, the EPO’s trace analysis concluded that “numerous e-mails to State officials, Government leaders, journalists or the European Parliament” had been written by the employee, apparently warning of “high-level corruption” and “nepotism”, and a “Balkan affair” involving Battistelli (the still acting EPO president) and Vice President Topic”. The employee denied being the author of the mails – but was nevertheless ordered by Battistelli to be suspended on grounds of defamation. The judges of the Enlarged Board of Appeal of the EPO, who declared the orders for dismissal inadmissible, were subjected, according to the research, to massive pressure from Battistelli and threatened with disciplinary measures. “This undermines the basic principle of court independence”, the article quotes from the June 2016 decision of the Enlarged Board of Appeal. The Cicero author summarizes it as follows: “The drama is being played out on a stage without spotlights. A place outside the law, because the immunity of the supranational EPO circumvents any judicial supervision or control”.

[...]

Cicero author Petra Sorge describes other disturbing events at the EPO in her article. It becomes clear that even the best research cannot reveal the whole truth in detail. What is certain, however, is that there have been and continue to be enormous distortions at the EPO. The dramatic effects, especially on a human level, put the globally outstanding image of an organization employing almost 7,000 people at risk.

The EPO generally does not want any press coverage like this. It’s actively threatening those who write about EPO corruption, knowing perhaps that courts (like the German FCC) might take note and react. The EPO’s management may be above the law, but it cannot force the initiation of UPC. Only national Parliaments and the European Parliament can. Will they? Doesn’t look like it.

“The EPO generally does not want any press coverage like this. It’s actively threatening those who write about EPO corruption, knowing perhaps that courts (like the German FCC) might take note and react.”Battistelli has done everything within his power, including gross violations of the law, and left his friend António Campinos in charge. Moreover, Battistelli hired PR firms, paid a bunch of publishers and corrupted academics worldwide for UPC propaganda.

Mishcon de Reya, the thuggish law firm that corrupt Battistelli hired at the expense of the EPO to bully me, now advances the UPC agenda (see this new article by David Rose and Nina O’Sullivan).

“Mishcon de Reya, the thuggish law firm that corrupt Battistelli hired at the expense of the EPO to bully me, now advances the UPC agenda…”Each time the EPO hired a law firm to threaten me (it tried several) it later turned out that the legal team/firm had a stake in the UPC. In other words, those firms had personal interests in silencing me, not just the client’s interests. One of those who repeatedly threatened me was called “Capone” (his real surname). They’re acting like some kind of mafia, yet it’s corrupt Battistelli having the audacity to call staff representatives (whom he defames and attacks) “mafia”.

Also spotted this morning was this Lexology piece from Shrey Pathak, Sanam Habib and Leythem A. Wall (Finnegan, Henderson, Farabow, Garrett & Dunner LLP). It’s a firm which sponsors the patent trolls’ lobby (also sponsored by the EPO for UPC lobbying). Here is what they said:

The document also re-affirms the UK’s intention to remain part of the Unified Patent Court (UPC) and Unitary Patent system after the UK leaves the European Union (EU), and to “work with other contracting states to make sure the Unified Patent Court Agreement can continue on a firm legal basis”.

It does not speak of “intention” but about exploring the prospect, having already ruled that out.

“What we generally find is that not only Team Battistelli acts like a mafia; Team UPC does too.”What we generally find interesting in the whole thing is the degree of coordination among Team Battistelli and Team UPC, which was even hired by Battistelli to SLAPP me, based on thin or invalid legal grounds. What we generally find is that not only Team Battistelli acts like a mafia; Team UPC does too.

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. Openwashing Report on Open Networking Foundation (ONF): When Open Source Means Collaboration Among Giant Spying Companies

    Massive telecommunications oligopolies (telecoms) are being described as ethical and responsible by means of openwashing; they even have their own front groups for that obscene mischaracterisation and ONF is one of those



  2. 'Open Source' You Cannot Run Without Renting or 'Licensing' Windows From Microsoft

    When so-called ‘open source’ programs strictly require Vista 10 (or similar) to run, how open are they really and does that not redefine the nature of Open Source while betraying everything Free/libre software stands for?



  3. All About Control: Microsoft is Not Open Source But an Open Source Censor/Spy and GitHub/LinkedIn/Skype Are Its Proprietary Censorship/Surveillance Tools

    All the big companies which Microsoft bought in recent years are proprietary software and all of the company’s big products remain proprietary software; all that “Open Source” is to Microsoft is “something to control and censor“



  4. The Sad State of GNU/Linux News Sites

    The ‘media coup’ of corporate giants (that claim to be 'friends') means that history of GNU/Linux is being distorted and lied about; it also explains prevalent lies such as "Microsoft loves Linux" and denial of GNU/Free software



  5. EPO President Along With Bristows, Managing IP and Other Team UPC Boosters Are Lobbying for Software Patents in Clear and Direct Violation of the EPC

    A calm interpretation of the latest wave of lobbying from litigation professionals, i.e. people who profit when there are lots of patent disputes and even expensive lawsuits which may be totally frivolous (for example, based upon fake patents that aren't EPC-compliant)



  6. Links 15/9/2019: Radeon ROCm 2.7.2, KDE Frameworks 5.62.0, PineTime and Bison 3.4.2

    Links for the day



  7. Illegal/Invalid Patents (IPs) Have Become the 'Norm' in Europe

    Normalisation of invalid patents (granted by the EPO in defiance of the EPC) is a serious problem, but patent law firms continue to exploit that while this whole 'patent bubble' lasts (apparently the number of applications will continue to decrease because the perceived value of European Patents diminishes)



  8. Patent Maximalists, Orbiting the European Patent Office, Work to 'Globalise' a System of Monopolies on Everything

    Monopolies on just about everything are being granted in defiance of the EPC and there are those looking to make this violation ‘unitary’, even worldwide if not just EU-wide



  9. Unitary Patent (UPC) Promotion by Team Battistelli 'Metastasising' in Private Law Firms

    The EPO's Albert Keyack (Team Battistelli) is now in Team UPC as Vice President of Kilburn & Strode LLP; he already fills the media with lies about the UPC, as one can expect



  10. Microsoft Targets GNU/Linux Advocates With Phony Charm Offensives and Fake 'Love'

    The ways Microsoft depresses GNU/Linux advocacy and discourages enthusiasm for Software Freedom is not hard to see; it's worth considering and understanding some of these tactics (mostly assimilation-centric and love-themed), which can otherwise go unnoticed



  11. Proprietary Software Giants Tell Open Source 'Communities' That Proprietary Software Giants Are 'Friends'

    The openwashing services of the so-called 'Linux' Foundation are working; companies that are inherently against Open Source are being called "Open" and some people are willing to swallow this bait (so-called 'compromise' which is actually surrender to proprietary software regimes)



  12. Microsoft Pays the Linux Foundation for Academy Software Foundation, Which the Linux Foundation is Outsourcing to Microsoft

    Microsoft has just bought some more seats and more control over Free/Open Source software; all it had to do was shell out some 'slush funds'



  13. Links 14/9/2019: SUSE CaaS Platform, Huawei Laptops With GNU/Linux

    Links for the day



  14. Links 13/9/2019: Catfish 1.4.10, GNOME Firmware 3.34.0 Release

    Links for the day



  15. Links 12/9/2019: GNU/Linux at Huawei, GNOME 3.34 Released

    Links for the day



  16. Links 12/9/2019: Manjaro 18.1 and KaOS 2019.09 Releases

    Links for the day



  17. EPO: Give Us Low-Quality Patent Applications, Patent Trolls Have Use for Those

    What good is the EPC when the EPO feels free to ignore it and nobody holds the EPO accountable for it? At the moment we're living in a post-EPC Europe where the only thing that counts is co-called 'products' (i.e. quantity, not quality).



  18. Coverage for Sponsors: What the Linux Foundation Does is Indistinguishable From Marketing Agencies' Functions

    The marketing agency that controls the name "Linux" is hardly showing any interest in technology or in journalism; it's just buying media coverage for sponsors and this is what it boils down to for the most part (at great expense)



  19. Watch Out, Linus Torvalds: Microsoft Bought Tons of Git Repositories and Now It Goes After Linux

    Microsoft reminds us how E.E.E. tactics work; Microsoft is just hijacking its competition and misleading the market (claiming the competition to be its own, having "extended" it Microsoft's way with proprietary code)



  20. Links 11/9/2019: Acer in LVFS, RawTherapee 5.7 and Qt 5.12.5 Released

    Links for the day



  21. Linux Foundation Inc. Buys Press About Itself and Media Coverage for Sponsors

    Sponsoring so-called ‘news’ sites is bad enough; it is even worse when such media then covers you and your sponsors, such as Snyk (a Linux Foundation sponsor/member, fancier word for client)



  22. Links 11/9/2019: Django 3.0 Alpha, Sunsetting Python 2

    Links for the day



  23. Web Site Called Linux.com Still Exists Only or Mostly to Promote Anti-Linux Firms and Openwashing

    As the Linux Foundation transitions into the Public Relations (PR) industry/domain we should accept if not expect Linux.com to become an extension of PR business models; the old Linux.com is long gone (all staff fired)



  24. Links 10/9/2019: Krita 4.2.6, Ubuntu 19.10 to Boot Faster

    Links for the day



  25. What the Linux Foundation's Jim Zemlin Really Thinks of Desktop/Laptop GNU/Linux

    Interesting words from Ken Starks resonate well with what we nowadays see in the so-called 'Linux' Foundation, whose dedication to Linux is like that of a circus to a monkeys' sideshow



  26. Links 10/9/2019: Kate Planning and GnuCash 3.7

    Links for the day



  27. The Sad Truth That Linux Foundation Staff is Against GPL/Copyleft and Sometimes Against Linux (Unless It's Run Under Vista 10)

    The Linux Foundation works for whoever pays the Linux Foundation and sadly that usually means companies that aren’t dedicated to Linux, to Software Freedom or even to simple truths and to the Rule of Law



  28. Microsoft Uses the Word “Linux” to Promote Privacy-Infringing Proprietary Software and Spread FUD

    The discussion about “Linux” is being saturated if not replaced by misinformation and marketing of Linux’s competition — owing largely to googlebombing tactics that the Linux Foundation participates in rather than tackle



  29. Patent Charlatans and Frauds Are Doing a Disservice to Europe and to Europe's Patent System

    Tax evasion and UPC lies aren’t going to help the integrity of the patent system; au contraire — those are becoming an existential threat to the system being exploited by law firms (and accountants)



  30. The European Patent Convention (“EPC”) Does Not Allow Patenting of Life Itself

    Unless the underlying rules are respected and Europe's largest patent office actually follows the laws it's governed by, Europe's patent system won't promote innovation; the European Patent Office's decision on Alexion (patent application 3124029 rejected) is good news


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