Bonum Certa Men Certa

Virtual Injustice -- Part 13: Let the Games Continue…

Previously in the series:

  1. Virtual Injustice -- Part 1: António's Increasingly Wonky Legal Fudge Factory
  2. Virtual Injustice -- Part 2: The ViCo Oral Proceedings of 28 May 2021
  3. "handlers"
  4. Virtual Injustice -- Part 4: Mihály Ficsor, the EPO's Hungarian “Fixer”
  5. Virtual Injustice -- Part 5: Benoît's “Friends” in Budapest
  6. Virtual Injustice -- Part 6: Best Buddies With António
  7. Virtual Injustice -- Part 7: Musical Chairs and Revolving Doors
  8. Virtual Injustice -- Part 8: A Well-Connected 'IP' Maximalist
  9. Virtual Injustice -- Part 9: Heli, the EPO's Nordic Ice-Queen
  10. Virtual Injustice -- Part 10: Vapid and Superficial Coverage in the 'IP' Blogosphere
  11. Virtual Injustice -- Part 11: Perceptive Comments and Caustic Criticism
  12. Virtual Injustice -- Part 12: Carl Josefsson – Down But Not Out!


Oompa Loompas
The main concern of António's Oompa Loompas in Haar seems to be churning out high quality legal fudge in a "timely" manner.



Summary: "It would be nice to think that the events of 28 May have given the Enlarged Board pause for thought."

AS we have seen, the referral procedure G 1/21 got off to an inauspicious start when the President of the Boards of Appeal, Carl Josefsson, decided to disregard a fundamental principle of judicial conduct by insisting that he chair the panel entrusted with adjudicating the case.



It was a matter of public record that Josefsson had previously played a leading role in the process which led to the adoption of the disputed Article 15a of the Rules of Procedure of the Boards of Appeal (RPBA). This was the provision which purported to empower the Boards to decide appeal cases by means of ViCo hearings conducted without the consent of the parties.

"It remains to be seen whether the Enlarged Board will continue in rubber-stamping mode or whether it has learned any lessons from the events of 28 May and its previous misguided prioritisation of "speed" over "diligence"."However, despite his obvious conflict of interest in the matter, for some inexplicable reason Josefsson acted as if this was nobody's business but his own.

Following a wave of critical and outraged public reaction to such a clear-cut case of judicial misconduct, Josefsson's peers responded by removing him from the procedure on 17 May in a secretive session from which the parties were excluded.

But although Josefsson was removed from the adjudicating panel, the Enlarged Board failed to distance itself from his previous actions and to take appropriate measures to restore public confidence in the integrity of the procedure.

On the contrary, despite sidelining Josefsson, the Enlarged Board stuck to the "roadmap" which the former Chairman had imposed upon it and acted in a manner which strongly suggested that it had no qualms about sacrificing "diligence" for the sake of "speed" - or "timeliness" as the EPO's management likes to call it.

There is an old adage according to which "Justice delayed is justice denied".

However, as case no. G 1/21 shows, "justice" rendered in an overly precipitous manner can be just as problematic.

But although the Enlarged Board refused to contemplate a postponement of the hearing scheduled by Josefsson, the plan to rubber-stamp mandatory ViCo hearings before the Boards of Appeal did not turn out to be quite the "slam dunk" that the overlord of Haar and his "handlers" on Team Campinos had hoped for.

On the contrary, during the ViCo hearing held on 28 May, the appellant won a small but significant intermediate legal victory when it successfully demonstrated that the Enlarged Board had failed to respect its own procedural rules.

"Right now it's far too early to make any reliable predictions as to what the outcome of the hearing on 2 July is likely to be."This resulted in an adjournment of the case to allow the appellant more time to formulate its response to the comments from the President of the Office.

The proceedings are now scheduled to resume on 2 July. [PDF]

G 1/21 New OP on 2 July

It remains to be seen whether the Enlarged Board will continue in rubber-stamping mode or whether it has learned any lessons from the events of 28 May and its previous misguided prioritisation of "speed" over "diligence".

Right now it's far too early to make any reliable predictions as to what the outcome of the hearing on 2 July is likely to be.

In his commentary on the hearing of 28 May, a former EPO Director Daniel Thomas speculated that "[h]aving shown that he masters the procedure before the EBA better than the EBA itself as well as the President’s representative [Mihály Ficsor], the representative of the opponent [appellant] might well surprise us once again".

On the other hand, as things stand, it also remains a distinct possibility that the procedure could still end up as just another pro forma rubber-stamping exercise.

"On the other hand, as things stand, it also remains a distinct possibility that the procedure could still end up as just another pro forma rubber stamping exercise."It would be nice to think that the events of 28 May have given the Enlarged Board pause for thought.

However - looking at their track record to date - there is no tangible indication that António's Oompa Loompas in Haar are concerned about anything other than churning out high quality legal fudge in a "timely" manner.

Camels
The dogs are barking and the caravan moves on... but where exactly is it heading?



For the moment the dogs are barking and the EPO caravan moves on…

The only question is: where exactly is it heading?

We will return to that question in the concluding part of the series, but before doing so we will make a brief detour to look at how mandatory ViCo hearings gradually became the "New Normal" at the EPO.

Recent Techrights' Posts

[Meme] EPO Targets
Targets mean nothing if or when you measure the wrong thing
The EPO is Nowadays Trying to Trick Staff Into Settling Instead of Solving the Underlying Problems of Corruption and Injustice
This seems like a classic case of "divide-and-rule" or using misled/weak people to harm the whole group (or "the village")
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Links 19/01/2025: Gaza Ceasefire and PR Stunt by Fentanylware (TikTok), Faking It by "Going Dark" to Incite American Addicts (Users)
Links for the day
They Won't Buy Vista 11 PCs or "Hey Hi" Copilot+++++++ PCs of Microsoft (With TPM)
Windows at 8%
No Time Left for President Biden to Pardon Julian Assange
At least they tried
Total Lock-down Ambitions - Part IV - The Latest Examples and the Perils (in Summary)
For further reading take a look at Musial's nice outline
 
Improving Daily Links by Culling Spam, Chaff, and LLM Slop
the Web is getting worse
Links 20/01/2025: Indonesia to Prevents Kids' Access to Social Control Media (Addiction and Worse), Climate News Catchuo
Links for the day
EPO Union Says Monopoly-Granting Targets at EPO "Difficult to Achieve Without Compromising [Staff] Health, Personal Time or the Quality of the Final Products" (Products as in Monopolies, Not Real Products)
To those of us (over 99.999% of people impacted by this) who do not work at the EPO the misuse of words like "products" (monopolies are not products) should be disturbing
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025
[Meme] Hardware RAID and Hardware Raid
We're expecting attacks on the press in Trump's second term (no need to impress anyone for another election cycle) to be far worse than the first
What's Running on the Laptops
12 months have passed
[Meme] 404, Not Found
Kuhn: I'd like to interject for a moment, we made an alliance with the Microsoft-dominated LF to outsource projects to Microsoft GitHub and rich people gave us money to do this
FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
Links 19/01/2025: TikTok (Fentanylware) Now Banned in the US, Convicted Felon Talks to Fentanylware CEO and Pooh-Tin About Undoing the Ban Despite the Supreme Court Unanimously Upholding It
Links for the day
FTC Realises Microsoft Buying Fake 'Clients' to Fake "Revenue" (Microsoft 'Buying' Services and Products From Itself!)
Ponzi scheme
Total Lock-down Ambitions - Part III - The Web Browser as DRM Pusher
A lot of "streaming" stuff is DRM
Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
IBM Termination Story and Information From Microsoft About Mass Layoffs
In 2 weeks of 2025 Microsoft already had 2 waves of layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 18, 2025
IRC logs for Saturday, January 18, 2025
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025