10.03.19

Gemini version available ♊︎

Today’s EPO is Pursuing ‘Troll Justice’ (Bullying and Blackmail), Not Real Justice

Posted in Europe, Patents at 1:37 pm by Dr. Roy Schestowitz

Judges have also been demoted to ‘yes men’ of the President

Koch delay at ILO

Summary: The bullying tactics of the EPO and of patent trolls have so much in common; in the interim whatever remained of a legal system inside the EPO has been diminished or reduced to symbolism with a massive (and growing) backlog of over 10,000 cases and ILO-AT can take half a decade to examine staff grievances (sometimes more than half a decade, see screenshot above)

There’s no justice at the European Patent Office (EPO); nowadays it is just a patent-granting ‘machine’ with an illusion of checks and balances (recall Carl Josefsson's worrying past). Battistelli and then Campinos openly promote software patents in Europe “as AI” or “as 4IR” or “as “IoT”, unlike Brimelow with “as such” (whatever that even meant). Does anyone seriously think that Josefsson’s people will put an end to it? They cannot, they’re still controlled by Campinos, like Battistelli before him. Josefsson got the job partly from Battistelli and he too understands that they’re incapable of/can’t quite do the job, based on this new interview. There’s already a backlog of over 10,000 cases and it’ll get worse. From the interview:

he president of the EPO’s Boards of Appeal says he is not certain whether the boards’ revised rules of procedure will result in a “front-loading of requests” but has insisted that they should make proceedings more predictable.

Speaking to Managing IP, Carl Josefsson says the revised rules will reduce a party’s options to amend its case as appeal proceedings progress and make it more difficult to withhold submissions for tactical reasons.

However, he confirms the views of some regular users of the system that there will be an increased workload for first instance departments.

“Whether these [the rules] will, in the end, really lead to a ‘precautionary front-loading’ of numerous different lines of argument remains to be seen. After all, procedural economy is in the interests of the parties too,” Josefsson says.

As expected, the person who represents an attack on judges’ independence (he himself is a symptom of the problem) downplays the issue at hand. Even if more people were employed by the board, that still would not resolve the principal issue, which is lack of independence (not capacity).

In the eyes of patent maximalists, this isn’t a problem anymore. IP Kat used to write about this problem routinely, but key people have left; it became an amplifier of patent extremists at Watchtroll (most patent links this week are to that blog), so rhetorics of judge- and court-bashing are fine with them. It’s just those ‘perky’ judges who keep turning patents down. How dare they? That interferes with rubber-stamping efforts by profit-motivated offices.

The EPO’s management is more or less ‘in the pockets’ of the litigation ‘industry’. They’re a loose cannon. It’s litigation, litigation, litigation…

“The EPO’s management is more or less ‘in the pockets’ of the litigation ‘industry’. They’re a loose cannon.”Every day for well over a week now, sometimes by amplifying EUIPO "tweets" and sometimes directly, the EPO promoted a new ‘study’ (actually not new but repetition of prior years). This so-called ‘study’ is a paid-for lie, part of the EPO’s programme that bribes scholars to bolster patent trolls’ lies. Here’s the latest such “tweet”: “IPR-intensive industries have become even more integral to GDP, employment and trade in Europe.”

Those industries do a lot more than this “IPR” thing, which is a propaganda term anyway (patents are not rights and they're not property). The other EPO “tweets” aren’t much better; retweeted by EPO PR people was the Research and Innovation Department of Enterprise Ireland, which said: “The High-Growth Business Conference invites a variety of speakers to discuss IP and the values of patenting. This includes Yann Ménière, Chief Economist at @EPOorg who is an IP expert…”

“…this isn’t about startups but about trolls.”He’s not an “IP” expert and there’s no such thing as “IP” (it’s not property). Why does the Irish government associate with that disgraced bunch of Battistelli? Possibly because of this: “Join us in Dublin where Jürgen Graner, Founder & CEO, Globalator, will share his expertise in transactions powered by intellectual assets. If you are a #startup, don’t miss this event…”

It doesn’t say so in the tweet, but this isn’t about startups but about trolls. It’s an event in which the EPO is working for patent trolls (the litigation ‘industry’ has taken over what used to exist for science and technology). There are more LESI tweets, in effect promoting a front group of patent trolls. Over in Law360 there’s now this new article about patent trolls that prey on the British market, partly enabled by the EPO’s fake patents and the intentional lie known as “FRAND” (Law360 is always eager to repeat this propaganda term). To quote:

For four days beginning Oct. 21, the U.K. Supreme Court will hear arguments in the joined cases of Unwired Planet International Ltd. v. Huawei Technologies Co. Ltd., Huawei Technologies v. Conversant Wireless Licensing SARL, and ZTE Corp. v. Conversant Wireless Licensing.[1] Among the questions presented is whether an English court — specifically, the Patents Court for England and Wales — is a proper forum for determining the terms of a global license for the use of fair, reasonable and nondiscriminatory-committed standard-essential patents.[2]

We wrote about this case many times before. It serves as a timely warning about the real beneficiaries. Those are patent trolls. They don’t actually make anything; they just sue and threaten to sue.

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. IRC Proceedings: Sunday, September 26, 2021

    IRC logs for Sunday, September 26, 2021



  2. Links 27/9/2021: Librem 14 Reviewed, Linux 5.15 RC3 is Out

    Links for the day



  3. Links 26/9/2021: GNU Wget2 2.0.0 and MenuLibre 2.2.3 Released

    Links for the day



  4. How Basic Laws and Fundamental Rights Got Crushed in the European Patent Office

    Our next series will show the sheer hypocrisy of the EPO, hiding behind the veil of (patent) law while so shamelessly violating just about every law in the books without facing any form of accountability



  5. Regrettable Acts of Self-Harm: OpenMandriva and Mozilla Being Outsourced to Microsoft Proprietary Software and Monopoly

    In another blow to software freedom, OpenMandriva and Mozilla decide to abandon their own systems and use proprietary software from Microsoft instead



  6. Links 26/9/2021: Mozilla Spends on PR, OpenMandriva Outsourcing to Microsoft

    Links for the day



  7. IRC Proceedings: Saturday, September 25, 2021

    IRC logs for Saturday, September 25, 2021



  8. Links 25/9/2021: GNU/Linux Recognition in Mainstream Media and Wine-Staging 6.18

    Links for the day



  9. Reminder: GNU Turns 38 This Monday Around Midday (When GNU's Founder Gives Talk in Poland)

    With media and Torvalds speaking again about anniversaries (this has gone on for the past week because Torvalds wrote about it yet again), it is important to recall the announcement that got the ball rolling and basically started it all (the GNU/Linux operating system) because it was in 1983, not 1991. We reproduce in full the announcement.



  10. Links 25/9/2021: Wine 6.18 and Chromium Complier Woes

    Links for the day



  11. [Meme] When the EPO Watches Everything ('Dissidents', Media, Etc.) and Isn't Being Watched by Anybody

    The EPO is taking Europe for a wild ride; Everything is a vehicle for the very same agenda, with nobody left to hold it accountable or ask any tough questions… (even the media is in the EPO’s back pocket or back seat)



  12. Virtual Oversight

    “eMeetings” that simulate an impression of oversight are like ‘ViCo’ to simulate access to justice; will that ever change and will oversight be restored at EPOnia, Europe’s second-largest institution?



  13. The Corporate Coup Against the Soul of the Free Software Community Is Not Over

    The erosion of community role in the development of GNU/Linux is a growing problem; part of the problem is that large corporations target technical and philosophical (perceived) leaders in coordinated smear campaigns, led by media they own



  14. IRC Proceedings: Friday, September 24, 2021

    IRC logs for Friday, September 24, 2021



  15. Links 24/9/2021: GNU Coreutils 9.0, BattlEye GNU/Linux Support

    Links for the day



  16. [Meme] 'Linux' Foundation is Greenwashing Microsoft Again, Misusing the Linux Brand Like Nobody's Business

    Microsoft has weaponised the Linux brand to dub a toxic company like itself (helping notoriously polluting companies and generating lots of waste, both directly and through planned obsolescence, inefficient software, DRM, etc.) as "green"



  17. Richard Stallman to Speak (in Person) in Poland, Dedicate the Talk to Medical Professionals

    Days after his talk in Ukraine Richard Stallman plans to do the same in Poland (just announced)



  18. Links 24/9/2021: 30 Years of Europe’s First Root Name Server, Repairability of Laptops Discussed

    Links for the day



  19. ZDNet Has Failed

    ZDNet is on the decline and its demise appears to have greatly accelerated in recent months; we take a quick look at this month's coverage and explain the conflict of interest (it's PR, not news, and it's far too shallow/blatant to simply overlook)



  20. [Meme] Some People Are Just Above the Law

    A lot of people are still flabbergasted or at least baffled/miffed to discover that some people are in effect above the law; not even Europol and Interpol can apprehend and hold them accountable; that needs to change. Had Benoît Battistelli worked for France Télécom S.A. (not the EPO), would he be arrested? What about António Campinos and his drunk son?



  21. NPR and PBS, Both Funded by Bill Gates, Try to Save Him

    Bill Gates continues to corrupt the media and corrupt social control media (such as Twitter) using his money



  22. The EPO Must Forsake Its Diplomatic Immunity and Quit Pretending It's About Patent Law (or Any Law)

    There's no sign of the EPO actually trying to obey the law and correct the mistakes of the past; to make matters worse, the existing administration adds yet more corruption to an already-massive pile while dismissing any form of oversight



  23. IRC Proceedings: Thursday, September 23, 2021

    IRC logs for Thursday, September 23, 2021



  24. Links 24/9/2021: Ubuntu 21.10 Beta, Istio 1.11.3, and More Milestones for Steam Deck

    Links for the day



  25. [Meme] President Campinos Addresses the Legacy of Battistelli's “Strike Regulations”

    A sequence of four EPO memes about those infamous and unlawful “strike regulations” that Benoît Battistelli and António Campinos have exploited to abuse thousands of workers



  26. [Meme] Bill Gates Keeps Digging Himself Deeper in the Grave Each Time He Speaks

    These sorts of ‘interviews’ with Gates’ own propaganda mills (he also pays Twitter now) aren’t going to improve his image; people aren’t infinitely gullible (Source)



  27. Linux Foundation and Other 'Diploma Mills' Say There's Demand for Their Products in Their New 'Research' (Marketing)

    The so-called ‘Linux’ Foundation (LF), together with edX, are basically marketing their services and products, but this is disguised as 'research' (a false narrative widely parroted by shallow and paid-for media partners of theirs), piggybacking brands like “Linux” and buzzwords like “Open Source” (even when they promote proprietary things, e.g. memorisation of proprietary GUIs)



  28. [Meme] The EPO's Carte Blanche and 'Diplomatic Immunity' Card

    EPO staff is being taken for another ride by António Campinos and his cohorts, whose popularity among staff has likely gone down to sub-zero levels already (even faster than Benoît Battistelli)



  29. As Expected, Minimal Pseudo Compliance From EPO Management, Adding Insult to Injury

    SUEPO Central, the core of the staff union of EPO staff (almost 7,000 workers at the EPO, most of whom are SUEPO members), has strong words about the EPO's attitude and stance, which is perhaps unsurprising but still extremely disappointing



  30. Links 23/9/2021: PostgreSQL 14 RC 1 and MidnightBSD 2.1

    Links for the day


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