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09.28.19

Will Bill Gates’ Bribes to the Leader of India Harm India’s GNU/Linux Adoption and Will Gates Ever be Held Accountable for His Many Crimes?

Posted in Bill Gates, Fraud, GNU/Linux, Microsoft at 8:58 pm by Dr. Roy Schestowitz

Yes and no.

Bill Gates arrested
Bill Gates arrested before he had sufficient connections. Now people are given strategic awards (for corporate agenda of GMO, Microsoft etc.) named after a famous criminal glorified by press that he buys.

Summary: The reckless and likely illegal behaviour of Bill Gates (he was arrested in the past) continues to demonstrate that some people — especially those who bribe officials, media and so on — can get away with virtually anything

THE Stallman 'scandals' (whatever they are; mostly quote-mining very old posts of his), as we’ve just noted, ended his career; moreover, they’ve helped distract from Gates' Epstein affairs, which are the vastly bigger scandal (we wrote about this several times this past month). It certainly seems to boil down to connections, not deeds.

A reader has meanwhile asked us: “You following the Gates Foundation stuff in Kashmir?” He referred to Gates Foundation ‘gifts’ to the most powerful man in India, traditionally a growth area of Free/libre software. Cablegate (or CableGates) showed us what the Gates Foundation did in Tunisia in order to undermine GNU/Linux (OLPC). Bribing officials and heads of state through the Gates Foundation is habitual. Usually it’s not visible. It’s disguised (or laundered) as charity, children, social justice etc.

“It certainly seems to boil down to connections, not deeds.”The media has mostly ignored the aspect or angle of bribery, instead focusing on Kashmir. As the article “problem with the Gates Foundation’s award to Narendra Modi” put it: “Modi campaigned on a populist platform and was elected with a strong majority. He took that mandate and rescinded the special status of Kashmir, a mostly Muslim semi-autonomous region split between India and Pakistan. Modi then sent in police to make mass arrests. He’s also cut off mobile and internet service. At the same time, India is building mass detention camps in the northeastern state of Assam to hold what it considers “illegal immigrants,” mostly Muslim inhabitants who don’t have the paperwork to prove their citizenship. Modi’s rhetoric, meanwhile, has both incited Hindu violence around the country and inflamed tensions with Pakistan, a mostly Muslim country and India’s neighbor.”

“Isn’t it curious that the Microsoft Board can just bribe world leaders through a fake ‘charity’ and the sole scandal the press can see is something to do with Kashmir? And somehow child porn being found in Bill Gates’ home as well as strong ties to Epstein have led to not a single call to “remove Gates”?”Sabah Hamid has meanwhile published (3 days ago in the New York Times) “Why I Resigned From the Gates Foundation” and her reasons are politics, not the bribery. To quote: “Along with other staff at the India office of the Gates Foundation, I first heard about Mr. Modi being considered for the award a few months ago. I did not realize that the decision had already been made. It took me until early August to raise my questions, but I saw very quickly that the foundation had taken the decision and considered it irrevocable. That this endorsement of Mr. Modi would not do the Gates Foundation any good did not seem to be up for discussion.”

Isn’t it curious that the Microsoft Board can just bribe world leaders through a fake ‘charity’ and the sole scandal the press can see is something to do with Kashmir? And somehow child porn being found in Bill Gates' home as well as strong ties to Epstein have led to not a single call to “remove Gates”?

07.25.19

Microsoft Caught Committing Yet More Bribery Crimes, But Nobody Gets Arrested

Posted in Fraud, Microsoft at 12:00 am by Dr. Roy Schestowitz

Same company it was under Ballmer

Steve Ballmer

Satya Ballmer

Summary: Microsoft crimes continue and they pay off; it doesn’t look like the law is in any way applicable to Microsoft executives who resort to criminal activities to deny competitors ‘breathing space’

AT THE European Patent Office (EPO) we’ve already seen how people like Battistelli can commit as many crimes as they want without even risk of arrest. He’s still being protected by António Campinos, to whom he gave his job. Sadly we live in a world where crime pays and crime pays off.

“…Microsoft is trying to get its critics fired from their jobs (we provided several actual examples this year).”A reader has just sent us this article about Microsoft ‘settling’ over its crimes. “The settlement,” it says, “in which Microsoft did not admit or deny wrongdoing, comes after a 2018 Wall Street Journal report that the U.S. Justice Department and the Securities and Exchange Commission were investigating whether Microsoft sold discounted software to Hungarian middlemen who sold it to the country’s government at inflated prices from 2013-2015. Said middlemen fueled the scheme by spending part of their ill-earned gains on kickbacks and bribes to government staff involved in the procurement process.”

Microsoft does the same thing in many other countries. It prevents its competition from gaining ground this way. A $26 million in settlement isn’t a slap on the wrist. It barely even counts as a slap on the finger and it shows that Microsoft can get away with crimes. It rarely ends up being investigated and if they happens it’ll just shell out some money.

This is so very typical. And this is why we’re here — to hold criminals accountable. “There are several reasons I invest time in Techrights,” one reader said publicly this week, “but let’s take a quick look at how such a website came into existence…”

The first thing to consider is the origins. As far as I can tell, TR [Techrights] is heavily influenced by the existence and demise of Groklaw, a valuable website covering efforts by Microsoft and others to defeat free software with patent aggression. If you’re not well-acquainted with the leaked memos from Redmond on this and related subjects, Microsoft acknowledged FLOSS as a serious threat as early as 1998 (also the year OSI was founded) and has since spun idea after idea to attack it, generally through proxies. Techrights started as BoycottNovell, as Novel was one of the proxies Microsoft was using to destroy (among other things) Sun Microsystems and Java.

Java of course, is not destroyed. It is so general-purpose that killing it in several areas has left it extremely useful in others. But Sun is no more. Obviously, a good part of that is the fault of Sun. GKH worked for Novell when it was getting Microsoft money, whether there is any connection there (none that I know of) he is far less sympathetic to the causes Linux has helped and when Linus steps down, things are going to be very different with GKH at the helm.

Speaking of which, the Linux trademark is now controlled by a foundation run by a Windows user, and they have put someone from Microsoft in close to where Zemlin is. This has also happened at Apache, and it happened prior to part of Nokia being gutted by someone who left MSFT, joined Nokia, gutted it and returned to MSFT who were then able to get it more cheaply. How that is even legal is boggling. I personally predicted that Red Hat would be purchased “next” a few months prior to it happening, though thankfully my favourite person there has since resigned. The purchase of GitHub really SHOULD make people paranoid, but the main thing that’s going to happen is it’s going to be used to funnel awareness (marketing) of Non-free software over the free software titles that relied on it before the merger.

Watching a 20-year-long game of corporate chess is boring to many people, but that is the game TR has covered since 2006. The lead writer is several things: 1. a medical researcher with a doctorate whose company works with the NHS, 2. a software developer 3. an avid football fan, and wild speculation in sports about players and teams and ref calls is common.

However, the industry people who used to leak to Groklaw did not merely disappear when Groklaw folded. Microsoft and Apple treat shill journalists at shill outlets just like the OEMs– the two-tier system for press releases keeps most people obedient and less critical, while those with a penchant for actual journalism are denied access and generally let go by companies who want to report on these companies easily and routinely.

A lot of what goes onto the website is gleaned from public articles that are quickly forgotten in the endless churn of marketing and noise– while a fair amount of the “paranoia” is simply reporting from the “inside” that the monopolies are working to silence with new laws and lobbying.

So, I mean, dismiss him if you like. But even if you find the stories (many of which are only readily accessible to people in the industries mentioned, in terms of style and content– though an increasing number are easy for users and free sw developers to relate to) a bit frayed at the edges, if you find a string and tug on it for long enough, you’ll find the sum to be thickly and tightly woven.

One of the deciding factors in my evaluation wasn’t first impressions, but finding out just who takes TR seriously. As for the topics and corruption that led to the founding of the website, you used to (under a slightly different board of directors) find more critiques and rants like his, from the likes of OSI presidents recent and founding– and even the OSI website itself. The OSI board has swept much of that away, at a time when Microsoft is giving is more and more money.

“Everyone has a price,” fluffrabbit says. Not everyone, but an increasing number of key people– I intend to stay informed about these chess moves as much as possible– I consider the future (and present) of GNU/Linux at stake. I’ve spent the past 5 years doing my own research about it. I sometimes contribute to Techrights myself. Of course I don’t expect to change your mind, I thought I’d mention it anyway.

To a lot of those people who have been conditioned to think (indoctrination) that “Microsoft loves Linux” the opinions expressed here may seem ‘unusual’; Microsoft has of course gone out of its way to frame such views as marginal, extreme, irrational. If Microsoft can afford millions in bribery money, why not PR and demonisation money? Heck, Microsoft is trying to get its critics fired from their jobs (we provided several actual examples this year).

05.07.19

Why Does the EPO Keep Praising People Who Promote Software Patents, Rewarding Them for Patent Thickets That Harm Software Developers?

Posted in Europe, Fraud, Patents at 10:43 am by Dr. Roy Schestowitz

Free mainboard

Summary: The EPO continues its troubling tradition of not only granting software patents but also offering glamour and prizes to people who are responsible for such an abomination

THE last post spoke of the EPO‘s strategy document from António Campinos. In it, software patents are being promoted, so why not rewarded as well?

We quickly alluded to “finalists for the European Inventor Award 2019″ (warning: epo.org link). As the EPO put it in Twitter: “They revolutionise the world with ground-breaking inventions. They are the 2019 European #InventorAward finalists: http://bit.ly/EIAPopularPrize19 … Congratulations!”

“Some of them were responsible for fraud that killed a lot of people,” I responded, pointing to coverage about Holmes (the EPO had since then deleted any traces of this connection).

Soon came a press release and some puff pieces, as well as videos like this one. Nationalism blinds corporate media, which overlooked corruption associated with these "awards". But to make matters worse, the EPO is once again (like last year; we covered it back then as well) rewarding/granting awards to people (or making them finalists) for software patents. As Henrion put it, quoting one of the finalists from the video: “”This is good for developers, because improvements for codecs are transparently shared” patents are toxic for software developers, there is code they are not allowed to write…”

In relation to the employer, Qualcomm, he wrote: “Qualcomm is probably the worst patent troll ever, 130 patents over “video compression”, while those are just software patents… [] EPO inventors and Math you cannot write on your keyboard…”

The EPO has meanwhile just called patents “IP”, a deliberate misnomer. This is how the EPO put it: “In recent years, we’ve witnessed strong demand for business-oriented IP training. That’s why we’re organising this seminar together with @IPRHelpdesk and @dkpto…” (Kongstad’s old office, which apparently fired him months after we had studied his dodgy dealings).

“This is even more cynical than some of the recipients of Nobel prizes for peace.”This morning the EPO kept retweeting all sorts of “media partners” and patent maximalists who mentioned its publicity stunt, whose finalists in past years were criminals, literally. As one put it: “The @EPOorg nominated Alexander van der Lely (CEO) and Karel van den Berg (Director Innovations) for the European Inventor Award 2019 in the category “Industry” for their fully automated milking system, Astronaut.”

We have meanwhile noticed that the EPO organised an event in Portugal. How convenient for Mr. Campinos, who can probably visit some family on his way there, not to mention pass some EPO money to former colleagues and friends (maybe some day they will pay back somehow). About half of the Inventor Award ceremonies of Battistelli were held in France, including Battistelli’s very own theatre. The selection criteria may seem spooky; it was like a one man’s decision, there was nothing in the meeting minutes to suggest oversight existed.

The EPO later retweeted UK-IPO as saying: “Congratulations to British #engineers Richard Palmer & Philip Green who have been nominated for the European #InventorAward’s Popular Prize.”

Do they realise what this prize is now associated with? EPO corruption and politics, not science. See who got in last year [1, 2, 3]. It’s frightening to see how poorly EPO budget gets managed and who is being awarded what (which prizes). Sometimes frauds and charlatans, sometimes criminals. In the process, moreover, there’s money laundering and theft, too. Battistelli is lucky to have avoided jail until now; he’s still housed in CEIPI, an institution which claims to be teaching laws, where he holds the highest position. This is even more cynical than some of the recipients of Nobel prizes for peace.

04.13.19

Patent Maximalists Are Enabling Injustices and Frauds

Posted in Europe, Fraud, Patents at 11:05 am by Dr. Roy Schestowitz

Last year: The Enemies of the Patent System Are Patent Maximalists, Not Those Pursuing Saner Patent Policy

Theranos and EPO

Summary: It’s time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots

THE SITE TECHRIGHTS has long been a fan of patent quality. We’re not against patents; instead, we’d rather defend the integrity of patent law by ensuring that patents are only ever granted when it’s justified (for practical, economic and scientific reasons). Publication is often better than secrecy (trade secrets), so patents are a form of incentive to publish closely-guarded secrets. We’re OK with that.

António Campinos with his promotion of software patents in Europe is a stain on the European Patent Office’s (EPO) reputation or what’s left of its reputation. As we've just noted, even the US rapidly moved away from such patents over the past few years. It realised, owing to high courts, that patents must not cover natural phenomena and mathematics. Shouldn’t that be trivial? Nature is not an invention; neither are laws of nature. They were never invented, merely explained.

“They’re a radical bunch, incapable of grasping just how crazy they are because they surround themselves with other equally crazy people in events that are ‘echo chambers’ (no sceptics are allowed to even speak). It’s like a religion.”Patent maximalists will never have “enough” patents; for them (or to their business), the more the merrier! It’s totally insane. They’re a radical bunch, incapable of grasping just how crazy they are because they surround themselves with other equally crazy people in events that are ‘echo chambers’ (no sceptics are allowed to even speak). It’s like a religion. Bigger than a cult and better financed/coordinated than most cults.

Yesterday we wrote about how Team UPC's lies have even landed in magazines. These people completely distort facts and recklessly spread lies. Their gospel would be laughable if its impact wasn’t quite so corrosive to the rule of law in Europe. Bristows LLP’s Liz Cohen is now seemingly writing about herself as a third person: “If you’ve missed the fall issue of ABA’s International Law News, you may want to read up Liz Cohen’s view of the future of the Unified Patent Court…” (UPC)

Check out the headline; Liz Cohen writes an article titled Liz Cohen about an article by Liz Cohen. They’ve found their “God” in Bristows. God complex much? The verge of insanity?

“These people completely distort facts and recklessly spread lies.”It’s worth noting that Bristows staff at IP Kat no longer even mentions the UPC. It’s rather revealing. Maybe they got tired of comments that slam them for lying about the UPC. In fact, readers of the site are still (as recently as Friday) calling out CIPA for the PEB scam that IP Kat was promoting. CIPA is of course a major part of the Team UPC lobby, mostly but not only in the UK (where IP Kat is based). Not too long ago the chief of CIPA was editing IP Kat while meeting with Battistelli, which partly helps explain the ‘death’ of “Merpel” (i.e. of coverage about EPO abuses).

This CIPA/PEB scandal has already attracted about (maybe over) 200 comments in the past month alone; we’ve lost count because the comments are scattered or clustered around a few separate threads, having caused a major stir. The patent microcosm is now fighting even within itself, so get some popcorn and enjoy the show. We’ve noticed that some people in this profession sincerely pursue sanity (reasonable patent scope), whereas others are “true believers” in patent maximalism. Team UPC, for example, often gets slammed by more moderate voices, whom we appreciate. Not every patent attorney is as radical as the Watchtroll bunch or IAM bunch* and we’ve in fact noticed some ‘good cops’ in Kluwer Patent Blog (Bausch comes to mind).

“Lack of evidence that something being patented would actually work led to the granting of key European Patents that soon propped up a multi-billion-dollar fraud and epic scammer, who later on was honoured by crooked Battistelli.”Just before the weekend, Lexology published this self-promotional piece from Barker Brettell LLP’s Gurpreet Solanki. It’s about EPO patentability as per patent scope (not that the EPO obeys the law in that regard) and it says “plausibility originates in the EPO case law as a response to overly-broad claims and to prevent speculative claiming.”

Remember 'Teffgate'? It was all over the Dutch media earlier this year. This is what Solanki wrote:

Problems can also occur if a lack of plausibility is raised in cases where the specification filed lacks data demonstrating that a technical effect is plausibly solved. In such scenarios, the patentee can find themselves in a squeeze: relying on prior art or common general knowledge to demonstrate plausibility at the date of filing with the risk of the EPO finding a lack of inventive step based on the same prior art or common general knowledge. However, reference to prior art or common general knowledge in support of plausibility may not necessarily lead to a lack of inventive step objection. This is because plausibility is a threshold test which is not assessed in the same manner as whether an invention is considered obvious to try with a reasonable expectation of success. On the other hand if there is no prior art or common general knowledge to establish plausibility, the technical effect may not be considered to be plausibly solved.

It is therefore advisable when considering a patent filing strategy to provide as much information as possible with respect to technical advantages of the invention, which includes any experimental data at the date of filing. In the absence of adequate experimental results, additional effort should be put into the construction of a robust technical explanation for the purported technical effect which overcomes the plausibility threshold, thereby enabling the patentee to later rely on post-published evidence to demonstrate sufficiency.

Lack of evidence that something being patented would actually work led to the granting of key European Patents that soon propped up a multi-billion-dollar fraud and epic scammer, who later on was honoured by crooked Battistelli. Yes, we’re talking about Theranos.
____
* The latest from IAM policy lobbying (“blog”) says that “EPO presidency seems determined to exclude plants produced by biological processes from patent protection.” IAM calls this a “controversial” move and says the “intervention is unlikely to succeed,” which is unsurprising. It’s only controversial among the patent maximalists who fund IAM and the reason the intervention will likely be ineffective is that the appeal boards lack independence.

03.22.19

“Criminal Organisation”

Posted in Europe, Fraud, Patents at 3:34 am by Dr. Roy Schestowitz

To enter EPO

Summary: Brazil’s ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO’s ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?

ONE of our informants regarding abuses at the European Patent Office (EPO) is itself a victim of the EPO and of Nokia. It reached us after it had read one of our many articles (as did German academia, whom we spoke to earlier this week). It seems to have become widespread knowledge that things at the EPO are rotten.

“So maybe that’s another thing Temer and Battistelli have in common.”“The jailed Brazilian president had axis in Finland,” this reader told us about this report. “The same people is related to our patent/Nokia and also Elcoteq/Brazil case.” The headline says “Brazil’s ex-President Temer jailed, accused of heading ‘criminal organization’” (strong words from Reuters).

So maybe that’s another thing Temer and Battistelli have in common. As for António Campinos, he continues Battistelli’s job, including the introduction of software patents in Europe — as we shall note in our next post.

“In short, one could best describe the current EPO administration as follows: “Crooked man, good night. Yes man, good morning”. For what it’s worth,” said this Twitter account, adding this photo later (image reposted above).

Remember that it took almost a decade to arrest Battistelli’s boss, the ex-President of France.

03.08.19

Immunity Stripped by the Supreme Court of the United States, Opening the Possibility of Ending Immunity of the EPO As Well

Posted in Europe, Fraud, Law, Patents at 5:57 am by Dr. Roy Schestowitz

The World Bank, which spends a lot of money on itself (photos below), is not above the law anymore; will the European Patent Office (EPO) also lose its immunity?

World Bank Inside

World Bank Inside

World Bank Inside

Summary: There are signs that the concept of institutional and diplomatic immunity can no longer be justified, not even by the world’s most powerful court (SCOTUS)

T

HE United States’ Patent and Trademark Office (USPTO) is a sort of government body/extension, unlike the supranational European Patent Office (EPO). The USPTO is routinely being sued; and yes, it’s definitely allowed. Just see all the cases in the dockets against Kappos, against Lee, and against Iancu. That is actually a positive thing, not just for lawyers. It means there’s a recourse or access to justice.

“A lot of people do not know or simply do not remember this, but the son of the EPO’s current President attempted to ‘borrow’ his father’s immunity.”The EPO has become a den of corruption. We’ve written nearly 3,000 articles and posts about it. We have published a lot of documents, including leaked ones. Will the EPO ever be held accountable? A lot of people do not know or simply do not remember this, but the son of the EPO’s current President attempted to 'borrow' his father's immunity. What an offensive thing to be doing after crashing a car, putting other people’s lives at great risk. Perhaps he, like his father, thinks that the law doesn’t apply to him. He thinks he can commit serious crimes with impunity.

The EPO, even in 2019, continues to act as though the law does not exist or the law can be made up by the EPO (and routinely violated thereafter by the management, as its own rules it is magically exempted from). Even incidents of fraud are being tolerated as long as it’s EPO management benefiting from the fraud.

A few days ago some EPO insiders floated or passed around this new report:

World Bank’s Legal Immunity Stripped, Opening Door for Lawsuits

The Supreme Court of the United States has rejected World Bank claims of complete legal immunity, ruling that one of its arms can be sued in relation to lending activities.

The 7-1 ruling could also open other American-based international organizations to the threat of lawsuits over financing overseas development.

For the World Bank, it means that it now faces having to defend against a suit by members of a fishing community in Mundra, India, who contend that their homes and livelihoods were damaged by pollution from a coal power plant that was financed by the bank’s private sector lending arm, the Washington, D.C.-based International Finance Corporation.

[...]

Lawyers for EarthRights International, which represents the plaintiffs, say that the World Bank must be accountable if its actions or its negligence harms local populations. The fishing community’s case against the bank will now be allowed to proceed in lower courts in the U.S.

“Immunity from all legal accountability does not further the development goals of international organizations,” said Marco Simon, the General Counsel for EarthRights. “It simply leads them to be careless, which is what happened here.”

Might the Dutch Supreme Court follow? Will any of the courts in Europe quit pretending that the EPO deserves its above-the-law status? Surely it should have lost such a privilege when it routinely broke the law.

This recent comment (19th of February, 2019) from “Anonymous Old examiner” reminds us of Questel [1, 2] in relation to last week’s (last Friday) shutdown of eDossier [1, 2, 3]. “This has happened before,” s/he said. “The office had a project called ELFOS, which was quite similar to the eDossier. It never worked and was scrapped in 1995 and replaced by a more primitive clunky system called Phoenix. We still use that one. ELFOS was a pet project of Jacques Michel, a French national who was then VP of The Hague. Jacques Michel came crom Questel, a French consulting firm in IT. It was reported that Questel was involved in the ELFOS project.”

We’ve already mentioned Questel in relation to French nepotism. How much of the EPO’s funds get ‘laundered’ in this fashion? When will someone — anyone — be held accountable?

03.06.19

Fraud at the European Patent Office, But All Those Arrested Are Perpetrators Without Misused Immunity

Posted in Europe, Fraud, Patents at 6:52 pm by Dr. Roy Schestowitz

Theranos and EPO
The EPO has since then removed this page

Summary: Battistelli’s corruption continues to go largely unnoticed (by the media) and without punishment; in fact, not only did he enable corruption but he also benefited from it, even directly

THE management of the European Patent Office (EPO) continues to get away with very serious abuses and even reap bonuses for this abuse. Battistelli has truly looted the EPO and CEIPI gave this thug a job — yes, its highest-paying job, the top position. CEIPI is run by crooks now. Do CEIPI students seriously pay admission/tuition fees to be taught law in an institution run by Battistelli?

Earlier today the EPO began advertising the notorious “Inventor Award”. “Before “Inventor Award” corrupt Battistelli and his colleagues were millions of euros poorer,” I responded to the EPO. “When will they be arrested for this theft of EPO funds under the guise of “awards”?”

“Why is Battistelli in CEIPI and not in prison with Benalla?”Incidentally, earlier today SUEPO promoted this new piece published on Monday by “Daniel Nazer [who is] a senior staff attorney and Mark Cuban Chair to Eliminate Stupid Patents at the Electronic Frontier Foundation.”

The fraud enabled by the EPO's "Inventor Award" is mentioned in relation to the role of the USPTO as well: (also recall this first part, second part, and last (third) part from last year about the “inventor” from Morocco, a former French colony):

A company “built around [fake] patents”

In 2002, an eager Stanford undergraduate named Elizabeth Holmes told a professor about an idea. (New ABC podcast “The Dropout” covers the story in its opening episode.) Holmes approached Professor Phyllis Gardner of Stanford Medical School with a radical suggestion. She wanted to make a microfluidic patch that could test blood for infectious organisms and could deliver antibiotics through the same microfluidic channels. The professor replied that this idea was not remotely viable.

But Holmes found a more receptive audience at the USPTO. She says she spent five straight days at her computer drafting a patent application. The provisional application, filed in September 2003 when Holmes was just 19 years old, describes “medical devices and methods capable of real-time detection of biological activity and the controlled and localized release of appropriate therapeutic agents.” This provisional application would mature into many issued patents. In fact, there are patent applications still being prosecuted that claim priority back to Holmes’ 2003 submission.

But Holmes’ 2003 application was not a “real” invention in any meaningful sense. We know that Theranos spent years and hundreds of millions of dollars trying to develop working diagnostic devices. The tabletop machines Theranos focused on were much less ambitious than Holmes’ original vision of a patch. Indeed, it’s fair to say that Holmes’ first patent application was little more than aspirational science fiction written by an eager undergraduate.

So how did Holmes’ unrealistic application lead to real patents, like US Patent No. 7,291,497? If you look through that patent’s application history, you can see that the examiner did review it closely. The examiner made two non-final rejections and two final rejections before eventually allowing the claims. (At the USPTO, a “final” rejection is not really final). The rejections were based on prior art and other technical grounds. What the examiner did not do, however, was ask whether Holmes’ “invention” actually worked.

Two legal doctrines are relevant here. The “utility” requirement of patent law requires that the invention work. And the “enablement” requirement means that the application has to describe the invention with enough detail to allow a person in the relevant field to build and use it. If the applicant herself can’t build the invention with nearly unlimited time and money, it does not seem like the enablement requirement could possibly be satisfied.

The USPTO generally does a terrible job of ensuring that applications meet the utility and enablement standards. In practice, unless an application claims an obviously impossible device (like a perpetual motion machine), the examiner will not question whether it works. To some extent, this is understandable. Examiners only have a few hours to review each application, and they can hardly be expected to run complex experiments to check the applicants’ claims. But this practice can lead to serious errors.

As we recently explained in relation to Benallagate, there may be another case for arresting Battistelli. And as noted a day ago by an EPO insider, corrupt Battistelli gave nearly 2 million euros of EPO money to French criminals (now officially arrested).

This was posted in the comments:

The document CA/F 6/17 contains another juicy morsel on page 15: “Agreement No. 2106/3270 on expert security services” signed off by the EPO on 14 Nov 2016.

This contract was a direct placement, i.e. no tendering. The amount involved was EUR 1 344 000.
CA/F 6/17 does not reveal who the lucky recipient was: “Name of supplier not disclosed for security reasons. Information available on request.”

If we assume that the same “security services” were involved (and Märpel never saw any other ones when chasing mice at night…), the total over the two years amounts to 1.8 million Euros, all spent without any oversight as to which purpose they were really spent.

The original comment can be found here.

Why is Battistelli in CEIPI and not in prison with Benalla? This is a totally reasonable question.

02.22.19

Battistelli’s Bodyguard Has Been Arrested, But Battistelli Should Join Him

Posted in Europe, Fraud, Patents at 5:28 am by Dr. Roy Schestowitz

Luciferistelli

Summary: Alexandre Benalla and Vincent Crase end up in prison; will French investigators bother checking Benalla’s past with Battistelli as well as other Battistelli scandals (incidents of law-breaking and of corruption)?

ABOUT a week ago we argued that the EPO‘s President, António Campinos, should hold accountable the person who gave him this job, in light of some recent developments, including:

We think it is extremely unlikely that Campinos will audit what Battistelli did, let alone hold him accountable. Had that ICC judge been put in charge, things would be different, but Battistelli rigged the election/selection process in favour of Campinos, installing an obedient compatriot and longtime friend while swapping seats with him in CEIPI. This is just the hallmark of corruption, but this kind of corruption is ‘small potatoes’ compared to other things Battistelli did. He keeps getting away with it.

Battistelli enjoys a circle of enablers, immoral/amoral opportunists like a bunch of fish joining the shark, staying in its vicinity for leftovers of prey (or EPO money in the case of Battistelli).

“Battistelli enjoys a circle of enablers, immoral/amoral opportunists like a bunch of fish joining the shark, staying in its vicinity for leftovers of prey (or EPO money in the case of Battistelli).”Yesterday we saw a Battistelli entertainer, James Nurton, suddenly contributing to Watchtroll, a site of patent extremists. He now has this author page, aligning with extremists (albeit his first article, “EU Reaches Copyright Reform Agreement But Opposition Remains,” is not about patents). Nurton had done several puff pieces with and about Battistelli in Managing IP.

We have meanwhile also noticed IPPro Magazine mentioning Battistelli, who as expected (or scheduled) rears his ugly head again. IPPro Magazine mentioned this upcoming event beforehand (we wrote about it at the time) and now again we see the outcome.

The International Trademark Association and CEIPO give this thug a platform in which to spread his lies about “quality” — a subject we shall touch later today. Later on the same/following day it was picked up by SUEPO (some time on Thursday), which probably pointed this out for Battistelli having the audacity to still talk about “quality” even when his system is being abandoned. The key part:

He said that during his time at the EPO, as well at the French National Industrial Property Institute (INPI) he wanted to focus on quality and efficiency.

Battistelli explained that he had instructed both offices to develop tools “which allow[ed] us to increase the quality”.

He did exactly the opposite, but this is not a crime. His crimes, however, are other things. We wrote a lot about those. Will he ever be arrested? These public appearances are an opportunity to detain and investigate.

We have meanwhile been contacted by a reader, who wrote about Benalla being in prison. “Do I need to remind that Benalla might have once said the truth when he declared to be a great admirer of Benoit Battistelli? Obviously Mr Benalla had the wrong friends. Morality: there are limits to the immunity and impunity. Guess who’s next?”

“…Battistelli strictly refuses to even comment (in any way) about his relationship with Benalla and that underworld (to which he funneled a lot of EPO funds).”Techrights will be publishing another series of articles about Benalla and Battistelli (and others whose infamy may result in additional arrests in the coming days). Might they share a prison cell one day?

Here is a related article in English and another in French, with a translation below:

Mediapart sends Alexandre Benalla and Vincent Crase to prison

The judges in charge of the case considered that by meeting on 26 July the two former Elysée employees had violated their judicial control. The online media site Mediapart had revealed audio recordings of their conversation on 31 January.

Alexandre Benalla has just spent his first night in the Santé prison. He was remanded in custody on Tuesday evening, 19 February. The former Elysée head of mission allegedly did not comply with the conditions of his judicial control in the investigation of the violence of 1 May. His judicial review prohibited him from contacting Vincent Crase, a former employee of La République en Marche. The latter was also imprisoned on Tuesday evening in the Bois d’Arcy prison. Clandestine recordings broadcasted by Mediapart on 31 January prove that the two men had met and talked to each other. Their lawyers will appeal.

A violation of their judicial control
They entered the Paris courthouse free on Tuesday morning and left in handcuffs in the evening, with a warrant of arrest, heading for the prison. The decision was taken by the freedom and detention judge, referred to him by the investigating judges in charge of the case. The judges considered that there was a violation of their judicial control. While the mystery remains as to the conditions under which the conversation was recorded, the content certainly weighed on the judges’ decision. Mediapart had handed over seven audio recordings to the courts.

A contract worth more than €6 million between Benalla and China
We don’t know more at the moment but the editor-in-chief of Valeurs Actuelles, Louis de Raguenel, announced on LCI on Tuesday evening, 19 February, that his newspaper would reveal in a few days the existence of a contract about more than 6 million Euros between Alexandre Benalla and China.

To be continued …

We shall post another articles index at the end (to bind it all together). It’s possible that there will be more arrests. As the links at the top indicate, based on press reports, Battistelli strictly refuses to even comment (in any way) about his relationship with Benalla and that underworld (to which he funneled a lot of EPO funds).

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