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09.11.18

Fresh Rumours of Further Accelerated Layoffs at the European Patent Office (EPO)

Posted in Europe, Patents, Rumour at 6:38 am by Dr. Roy Schestowitz

The EPO’s new President did it in EUIPO less than a year ago

EUIPO outsourcing

Summary: The latest rumours that swirl in Munich is that layoffs are coming that aren’t just ‘shadowed’ and, adding insult to injury, these will involve literally insulting fired examiners (blaming them rather than the management’s deliberately bad strategy)

THE EPO already undergoes layoffs, albeit in 'shadowed' form, as we’ve repeatedly noted. There was a severe case of firing for that notorious "incompetence" less than a week ago, i.e. only a few days after the summer vacation had ended.

“There’s meanwhile nothing that can save the Office.”The latest Isar rumour, according to a reliable source, is that many examiners will be removed soon because of “incompetence”.

We doubt that even examiners would be surprised if they heard that. It’s almost expected and we’re guessing that the rumour is based on something that someone heard from the management. We already heard similar rumours half a year ago (the numbers suggested around 1,000 firings).

So much for a future-proof Office of “excellence,” as Battistelli loved to put it. He excused his own incompetence by asserting that others were incompetent… while calling those who spoke out about it “Nazis” (the projection tactics go a long way at the EPO).

António Campinos is already experienced at layoffs and covering them up.

There’s meanwhile nothing that can save the Office. Applications are slow to come in, the costs have become harder to justify because of the declining quality of examination, and the UPC is dead.

07.14.18

‘Transaction’ Complete: Former EPO Executive From Belgium Takes the Seat of António Campinos at EU-IPO

Posted in Europe, Patents, Rumour at 2:36 am by Dr. Roy Schestowitz

Brussels, Belgium

Summary: Rumours that Belgium made a back room deal with Battistelli may be further substantiated with the just-confirmed appointment of Archambeau

THE predictions we made turn out to be right on point again. Not only did António Campinos swap a seat with Battistelli at EPO but also at a French institution. We’ve called that “musical chairs”.

“Did corrupt Battistelli make an alleged ‘exchange’ with Belgium (similar to a vote-buying exercise) and what did Campinos know throughout all this?”Archambeau, who came from the EPO and is Belgian, also gets the top job at EU-IPO (just published in German is Helena Hause’s article titled EUIPO successor: Archambeau to become the new Executive Director).

The Belgian Jérôme Debrulle is rumoured to have played an indirect role. In reverse chronological order, here is an explanation of what’s going on here and what happened behind the scenes:

Did corrupt Battistelli make an alleged ‘exchange’ with Belgium (similar to a vote-buying exercise) and what did Campinos know throughout all this? It would be a damn shame if EU-IPO, part of the EU, got embroiled in or tainted by EPO corruption. As readers may recall, there was already a scandal associated with the immunity of António Campinos at the EU-IPO. Is anyone ever going to properly investigate these things?

06.11.18

Another Victim of Corrupt Benoît Battistelli

Posted in Europe, Patents, Rumour at 12:22 am by Dr. Roy Schestowitz

Thuggery at the EPO is taking its toll on the mental health of staff

Mafia Battistelli

Summary: The judge whom Battistelli attacked, Judge Corcoran, is rumoured to be in a psychiatric hospital after 3.5 years of legal battles and defamation against him

THE plague of suicides at the EPO is undeniable and it can directly be linked to Battistelli’s policies, (mis)behaviour, and sheer abuses.

“Topić is known for causing that (in Croatia), just like Battistelli.”Causing one’s perceived opponents to commit suicide or sink into depression isn’t a novel tactic. Topić is known for causing that (in Croatia), just like Battistelli. We know for a fact that both have been bullying — in several courtrooms (and countries) — Judge Corcoran and in a recent press dialogue/interview Corcoran’s lawyer said she thankful that Mr. Corcoran is still alive after all the abuse he was subjected to by Battistelli and his ‘bulldog’.

“Prowling around the corridors of the Isar building, Märpel learnt unfortunate news,” Märpel wrote last night. “It appears that Mr. Corcoran is in hospital. Märpel heard he was sent to be treated for “psychiatric reasons”. Märpel has no access to the medical file and cats are not familiar of psychiatric hospitals, but there are few reasons to be sent to a psychiatric hospital in Germany. The most common one is when the patient is in danger of committing suicide.”

Benoît Battistelli, if he has any morsel of guilt left in him, might be able to ‘medicate’ himself with some wine, having repeatedly abused people who ‘dared’ (or had the courage) to mention his corruption.

05.09.18

Rumours Confirmed: Latest EPO Official Journal Misused to Promote Battistelli’s (and Campinos’) Employer, Another EPO Employee Has Just Been ‘Corcoranised’

Posted in Europe, Patents, Rumour at 10:59 pm by Dr. Roy Schestowitz

Battistelli is drunk on power, not just on wine

Some alcohol troubles

Summary: CEIPI is being shamelessly advertised in official publications of the EPO and employees have their rights trampled upon, allegedly with the sole intention/purpose of scaring workers

OUR record when it comes to EPO rumours is a pretty decent one. Almost everything that we publish under the banner of “Rumour” later turns out to be correct.

Last week we wrote about the EPO Official Journal being (mis)used to shamelessly market an employer of Campinos which Battistelli will soon take over. We wrote this based on our own observation and in the meanwhile sought independent verification of our judgment. Surely enough, after some internal consultation, a trusted person said: “I can confirm you that the CEIPI spam you referred to is only there for the purpose of the Cancer’s [Battistelli's] self promotion…”

It’s like Battistelli lacks any fear of being held accountable. This kind of abuse — or dare we say “corruption” — has become so banal.

“Those who pretend that things have calmed down at the EPO certainly aren’t paying attention.”“I can also confirm to you,” the person continued, “that another EPO employee has been “corcoranised”. The reasons may have to do with low production figures, but the referred person was denied a due process. This examiner has probably been fired “pour l’exemple”. Middle management (the metastasis) applies right now a maximum of pressure and squeeze the last drops from staff as they fear a massive production decrease as soon as the main Tumor leaves the EPO. And much more to come!”

The employee being "corcoranised" (not our term) was reported by us hours after it had happened. Those who pretend that things have calmed down at the EPO certainly aren't paying attention.

05.07.18

Rumour: The European Patent Office Has Just ‘Done a Patrick Corcoran’ Again (Forced Removal)

Posted in Europe, Patents, Rumour at 6:17 pm by Dr. Roy Schestowitz

The Corcoran affair is the subject of investigative journalism in Germany these days [PDF]

An eviction

Summary: Amid the systematic destruction of the Office and by extension the Organisation as well (e.g. judges from the ‘outside’) we learn that there may have been another troublesome ‘eviction’ in Eponia (hours ago)

Can anyone confirm that an EPO employee based Munich was forcefully removed earlier today? We were told so by a reliable source. We don’t know for sure if this is true (our source does not know either), but might other sources suggest that this actually happened today (Monday)? It was 3.5 years ago that Judge Patrick Corcoran was removed from his office in Munich. He had to wait 3 years for ILO to rule in his favour several times, forcing the EPO’s management to reinstate him (although he was soon thereafter sent to ‘exile’ in another country with a demotion).

“It was 3.5 years ago that Judge Patrick Corcoran was removed from his office in Munich. He had to wait 3 years for ILO to rule in his favour several times, forcing the EPO’s management to reinstate him (although he was soon thereafter sent to ‘exile’ in another country with a demotion).”Speaking of Munich, earlier today the EPO said: “Join us in Munich for this year’s EPO User Day on 18 and 19 June” (linking to a page which speaks of “Update on unitary patent protection”).

Well, forget about the Unitary Patent. It’s dead, more or less, it’s just live enough for Team Battistelli and Team UPC to keep pretending that this zombie can come back to life. Earlier on we saw Alexander Esslinger citing the Bristows lies from IAM. We’re not surprised IAM published lies about the UPC as the EPO’s PR agency paid it to promote UPC agenda. Esslinger wrote:

If #UPC starts post-Brexit a situation is not unlikely that the UK will permanantly participate in the UPC court system but not be covered by a UP (unified patent) https://twitter.com/iam_magazine/status/992750891521503233 …

Another UPC booster followed up with:

Optimism is good, however not entirely convinced the narrative UK post-Brexit UPC (+) and UP (-) will fly (though IMHO the latter is a given).

“Optimism is never good when it sets false expectations and prolongs the disappointment that it inevitably entails,” I told him, “causing financial ruin and bad judgment in the interim…”

Battistelli and Campinos probably hope to replace patent examinations and appeals with the UPC, but they aren’r succeeding. Sure, the EPO is dying (not just its reputation), but so does the UPC/UPCA. They may end up creating a serious vacuum in Europe.

03.01.18

Similar Scandal at the USPTO (to Battistelli’s Nepotism) and Upcoming Lies About ‘Results’ (in Annual Report, Out Next Week)

Posted in America, Europe, Patents, Rumour at 6:18 am by Dr. Roy Schestowitz

Battistelli and Cambodia

Summary: Similarities between appointments at the EPO and the USPTO; it’s also time to prepare for a lot of EPO lies next week (about the performance of the Office in 2017)

THE PRESIDENT of the EPO has been almost invisible lately (recent weeks). The new Director of the USPTO has said barely a word before and after taking Office. Both are scheduled to appear in some distant IAM event, but that’s about it.

The USPTO, according to rumours we heard before, has an EPO-type scandal. It may be part of several, but we never managed to attract hard evidence of it (like evidence we have about the EPO).

“The USPTO, according to rumours we heard before, has an EPO-type scandal.”A couple of years ago and again a couple of months ago we wrote about the CIO of the EPO [1, 2] in addition to the connection to Battistelli.

Two days ago a Twitter account called CIO_Watchdog (“USPTO CIO Watchdog”) wrote: “PTO CIO management is hot water again as rumors, stating Pam Isom allegedly, hired her nephew by marriage? We have received countless communication on this subject, and hopefully the new Dir will resolve as it effects morale. You might recall the Chiles saga. PTO has a history…”

Just to be clear, this is not a prank account as some people close to the USPTO are retweeting it. They know the above-mentioned names. It may be like a whistleblower (insider) account.

“Last year the EPO intentionally omitted all the negatives (we wrote many articles about that) and concealed that fact that EPO patent applications had overall declined in number.”This may get interesting in the near future. We heard similar things before (about USPTO irregularities and also nepotism), but there have been no whistleblowers. If some whistleblowers out there wish to send us information and material, we’re all ears. We have never compromised a source since we started 12 years ago.

As a side note about the EPO, its Twitter account says almost nothing of interest. It’s mostly repeating old tweets (like they’re shelved templates reused). But yesterday it wrote :”What was 2017 like for patents and the EPO? Find out in one week when we publish our annual report!”

We are ready to have a closer look at it when it’s out. Last year the EPO intentionally omitted all the negatives (we wrote many articles about that) and concealed that fact that EPO patent applications had overall declined in number.

“Backlog is drying up fast, rendering them redundant.”Several months ago Battistelli lowered some fees and repeatedly advertised this ‘discount’, hoping perhaps to hide the decline in patent applications. So we’re ready to take that into account (one can measure patent applications in terms of revenue rather than number).

Last night the EPO did something rather amusing. It published this news item (warning: epo.org link) titled “Validation agreement with Cambodia enters into force” and we’re pretty certain that the many EPO stakeholders in Cambodia were truly excited. All zero of them! Cambodia has ZERO European Patents (EPs) [1, 2], so the EPO under Battistelli has truly become self-satirising.

“European patents granted by the EPO and validated in Cambodia will have the same legal effects as a corresponding Cambodian patent and will be subject to Cambodian patent law,” says last night’s statement.

Cambodia is a former colony of France and a cheap publicity stunt for the disgraced Frenchman who is leaving the Office in exactly 4 months from now. The cronies whom he brought to the Office will get to keep their jobs, whereas hard-working staff whom he mentally tortured is said to be on the way out. The “thank-you” or the reward for all the hard work (rigging the annual reports with low-quality patents) will be sacking. Backlog is drying up fast, rendering them redundant.

02.21.18

Rumour: European Patent Office to Lay Off a Significant Proportion of Its Workforce

Posted in Europe, Patents, Rumour at 5:51 am by Dr. Roy Schestowitz

While Team Battistelli gives itself major bonuses

Unlock
Just don’t mention anything about luxury cars of top-level management or bars built secretly at the 10th floor (among other ludicrous spendings on media influence, Eurovision-type festivals, plenty of personal bodyguards and so on)

Summary: While the Administrative Council of the EPO praises Battistelli for his financial accomplishments (as laughable as it may seem) a lot of families stuck in a foreign country may soon see their breadwinner unemployed, according to rumours

THE EPO is in trouble/peril; insiders started to insinuate that something wrong and very major was brewing at the Office yesterday. We’ve waited long enough and we now hear it from multiple sources. So here it goes.

“According to rumours heard at the EPO’s canteen,” one source told us, “the EPO seems to be planning dismissals of 700 to 1000 employees.”

“If they have as much money as they claim, why would the Office shrink this much?”This does not surprise us. We wrote about layoffs just earlier this week and many imminent changes seem to be hinting at that. Battistelli is just planting the seeds of catastrophe, which no doubt already causes super-hard-working examiners to panic.

Now that we hear these things we can’t help but recall some recent comments. One such comment said that “the only bells to which the Administrative Council of the EPO usually reacts to are the cash register bells operated by Mr. Battistelli.”

What cash register?

If they have as much money as they claim, why would the Office shrink this much? This is unprecedented; the Office grew over time rather than shrink.

Here is another interesting new comment:

” If the Freie Wähler stand up and file a pretty sensible and non-ideological resolution like this one, then I would not be surprised if it will actually be passed by the state parliament on 20/2/2018.”

Dear Dr. Bausch, far be it from me to question your optimism about Bavarian democracy.
But I wouldn’t count on the motion passing if the CSU gets its way.

But I suggest that you take a look at the contribution from Mr. Taubeneder (CSU) during the last debate on EPO affairs back in March 2017:

https://www1.bayern.landtag.de/www/player/index.html?playlist=https://www1.bayern.landtag.de/lisp/res/metafiles/wp17/17_346/meta_vod_24176.json&startId=

Maybe it is just me, but he gives the impression of singing off the same hymn sheet as the EPO management.
It would not surprise me if the EPO PR department wrote the speech for him.

We wrote about that at the time. People said the same thing to us (that the EPO seems to be ‘operating’ some politicians behind the scenes).

Thorsten Bausch responded by noting that he “heard that today’s [yesterday's] session was postponed to March due to sickness of Ms. Schmidt.”

Schmidt is a key figure in all this. Fantastic politician.

“As to your comments about Mr. Taubeneder,” Bausch continued, “you may indeed be right. Some of the language he used was clearly not his own (but the same is true for Ms. Schmidt, to be fair). Mr. Taubeneder’s main argument in 2017 was that the Bavarian Parliament is not competent to judge about such matters, which are in the very capable hands of the Administrative Council (sarcasm added by me, but not much). If I were Mr. Taubeneder or any of his CSU fellows, I would rather argue that it is the failure of the SPD-led Federal Ministry of Justice to apply more pressure on the Administrative Council to change things at the EPO to the better.”

Where is the German state when all these abuses are happening, culminating in the likely dismissal of many public servants living and working abroad with their families? Can the sessions wait another month?

Here is another new comment from another thread. This one too is about the supine Administrative Council:

Introducing the provision to “terminate the service of an employee if the exigencies of the service require abolition of their post or a reduction in staff” looks like a classic (“dead cat”) strategy from the EPO management.

Getting feedback that nobody likes the proposal to change to 5 year contracts? Starting to worry that the proposal might not be passed? No problem, we have the answer for you: just introduce a proposal that is far more outrageous an objectionable and then everyone will expend their energy and time fighting that instead.

So here’s my prediction: unless the AC has become completely supine, the “dead cat” proposal will draw objections, at which point the EPO management (with a theatrical show of exasperation and reluctance) will agree to withdraw it, but only if the AC agrees to rubber-stamp all of the other proposals (including the expansion of 5-year contracts).

It will be interesting to see how accurate this prediction turns out to be.

If the rumours are true, it all makes sense now. And as a followup comment put it: “Our salaries at the USPTO are even more competitive than the EPO’s [...] Conclusion: the overall better employment conditions at the USPTO allows USPTO examiners to provide much higher quality than that provided by the EPO. Hence, applicants would be better advised to file first in the US to get value for money…”

It’s hardly surprising that under Battistelli, e.g. last year, the number of patent applications (for EPs) actually fell slightly. Battistelli doomed the Office. Whether it was intentional or not (UPC in mind) we’ll let readers decide.

The demise of the EPO threatens Europe’s competitiveness. One might say, “so they’ll turn to NPOs…”

Well, not necessarily. Some people now go abroad for their patents.

As a side note, earlier this month EPLAW wrote about the ‘Drum Unit’ case that relates to the NPO:

With its milestone ‘Drum Unit’ decision, the German Federal Supreme Court revisits its case law on the exhaustion of patent rights, and in particular, on the delimitation of ‘permissible use’ on the one hand and the ‘unlawful (re-)making’ of a patented product on the other.

What would exhaustion of a patent office itself mean to stakeholders? Has it ever happened?

We have, on numerous occasions, been told that an EPO career should be lifelong because finding a job after the EPO is hard (there are several different reasons for this). It pains us to think that many EPO workers, some of whom were supportive of us over the years, are not in a state of shock if not additional stress (as it things weren’t already stressful enough).

02.19.18

Patent Trolls Watch: Microsoft-Connected Intellectual Ventures, Finjan, and Rumour of Technicolor-InterDigital Buyout

Posted in Microsoft, Patents, Rumour at 12:22 am by Dr. Roy Schestowitz

Related (last year):

Technicolor logo

Summary: Connections between various patent trolls and some patent troll statistics which have been circulated lately

THE patent trolls epidemic is no longer just a US-centric epidemic; China is feeling it too, having tactlessly embraced patent maximalism (in itself an epidemic of the mind) like the USPTO did.

It’s not hard to tell what a patent troll is; it’s usually obvious if some entity has some services/products. Entities that are practicing have things to show. They advertise these as they attempt to make sales, transactions etc.

Well, days (or even less than days) after this promotional piece of his, Dr. Mark Summerfield softened the image of patent trolls by citing and quoting the world’s largest troll, Intellectual Ventures. It’s pretty obvious that Intellectual Ventures never had any products; it was never the intention. It’s not even a broker as its main activity is suing, usually via plenty of proxies. Intellectual Ventures is as evil as can be. But Summerfield’s piece isn’t whitewashing the troll; instead, it sheds lights on some statistics from Lex Machina:

Lex Machina’s analysis shows that since the commencement of the US patent law reforms introduced by the America Invents Act (AIA), rates of patent litigation have been in steady decline in real terms. Furthermore, while the list of top plaintiffs remains dominated by non-practising entities (NPEs), in 2017 two pharmaceutical companies entered the top ten, with two more filling out the top 15. And while headlines tend to be captured by a small number of very high awards of damages against big infringers, the reality for most plaintiffs is sobering. Just 11% of all cases terminated since 2000 reached a final judgment, with around three-quarters settling. While patentees are victorious slightly more often than defendants (around 60/40), compensatory damages are awarded in less than half of the cases won by plaintiffs, and for those cases in which ‘reasonable royalty’ damages were awarded during the three years up until the end of 2017, the median amount was just US$4.4 million – perhaps barely enough to justify litigation in a jurisdiction where the usual rule is that each party must bear its own costs of the proceedings.

We have been writing about trolls and documenting their actions for a very long time. For over a decade we’ve been pointing out that Intellectual Ventures works for Microsoft and Finjan, another troll, is backed by Microsoft. It’s even publicly-traded, albeit its stock tanked over the years (yesterday, however, financial media took interest in the stock [1, 2, 3). According to IAM, another publicly-traded troll may soon purchase another. As IAM has just put it: “InterDigital due to release its FY17 results on 22nd February. Will it also announce Technicolor purchase? https://globenewswire.com/news-release/2018/01/30/1314295/0/en/InterDigital-Announces-Date-for-Fourth-Quarter-and-Full-Year-2017-Financial-Results.html [] Technicolor announced in December that it was in advanced stage of talks about a sale with an unnamed entity.”

We wrote a lot about both of these. Technicolor, unlike InterDigital, used to be an actual company rather than a troll. But now it seems like both of them are just trolls and one may soon collapse onto the other.

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