07.19.18

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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.

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