Bonum Certa Men Certa

Doubt Over Independence of Judges at the EPO Clouds Reason in Deciding Regarding Patents on Life

Judges themselves doubt their own independence (publicly even)

A shocked Battistelli



Summary: With the growing prospect of a Board of Appeal (BoA) having to decide on patentability of CRISPR 'innovation' (more like explanation/discovery), questions linger or persist about judges' ability to rule as they see fit rather than what some lunatic wants

LAST WEEK we wrote two articles in which we mentioned how the EPO's Judge Corcoran was -- without warning -- removed from his office (never to return to it since 2014). Apparently Corcoran's last decision/unfinished work was against a software patent of an EPO partner (maybe a coincidence) and whatever he's accused of -- mainly relaying true information about Team Battistelli -- is something that hundreds if not thousands of other EPO workers could be accused of at the time (many messages had been relayed and were circulating regarding Battistelli and his dodgy 'bulldog' from Croatia).



"Apparently Corcoran's last decision/unfinished work was against a software patent of an EPO partner (maybe a coincidence) and whatever he's accused of -- mainly relaying true information about Team Battistelli -- is something that hundreds if not thousands of other EPO workers could be accused of at the time (many messages had been relayed and were circulating regarding Battistelli and his dodgy 'bulldog' from Croatia)."IP Kat finds no time to cover EPO scandals anymore (we know why). Rose Hughes (Reddie & Grose LLP), however, found time to cover things like this just before the weekend. "Last month," she wrote, "the EPO published it's [sic] sixth ever decision granting a petition for review (R 4/17). Granted petitions for review are notoriously difficult to obtain, as the EPO attempts to balance the need for the legal certainty of Board of Appeal (BoA) decisions, and the right to challenge flagrant violations of EPO procedure."

Well, haven't violations of EPO procedure/s become far too routine under Battistelli? We've lost count of how many such violations of EPO procedures we already covered. Including against BoA...

"Recently, the EPO Opposition Division opposed CRISPR patents, or at least one such patent loosely representative of the whole lot.""Even if has [sic] been summarily dismissed," noted the commenter. "it does not appear that the opposition division did exercise its discretion in an improper way. It look more than a hidden clarity objection. It is in any case doubtful that the proprietor will consent to this ground be introduced in the new appeal procedure."

We remain rather disturbed/worried that after Judge Corcoran had been thrown somewhere (probably in another country, for the mere pretense of minimal compliance with ILO-AT rulings) the EPO's management got away with it. As usual. Above the law.

Recently, the EPO Opposition Division opposed CRISPR patents, or at least one such patent loosely representative of the whole lot. The CRISPR situation at the EPO was covered here almost a dozen times this year, e.g. in [1, 2].

The patent trolls' lobby, IAM, revisited the subject before the weekend when it said:

The University of California – which pioneered the foundational CRISPR Cas-9 methods (though it only developed these for use in bacterial cells) – is seeking to invalidate the Broad Institute’s core US patent for the specific use of CRISPR Cas-9 in plant and animal cells on the grounds that it interferes with its own IP rights.

It claims that the Broad Institute’s innovations were, at the time of application in 2012, merely an obvious application of the technology it had already pioneered and filed a patent for. The Broad Institute denies this, arguing that its invention was non-obvious and therefore separately patentable.


This is the US, where CRISPR patents are already in hot waters. What will the EPO's BoA be able say about CRISPR patents, knowing that a colleague has already been targeted by Battistelli and all the Boards sent to 'exile' in Haar, presumably in an act of collective retaliation (like sending a young student to detention near the door, or office space that is merely rented in a distant suburb)? Judges complain about this publicly. Does anyone pay attention? Perhaps FCC judges?

"What will the EPO's BoA be able say about CRISPR patents, knowing that a colleague has already been targeted by Battistelli and all the Boards sent to 'exile' in Haar, presumably in an act of collective retaliation (like sending a young student to detention near the door, or office space that is merely rented in a distant suburb)?"Let's face it; the EPO is still in a serious crisis -- one that IP Kat is unwilling to speak about any longer (no more than a couple times per year).

Patent maximalists other than IAM meanwhile speak about CAFC's and the Supreme Court's decision in Promega Corp. v Life Technologies Corp.

To quote Patent Docs:

In reversing the Federal Circuit and remanding the case, the Supreme Court, in Life Technologies Corp. v. Promega Corp., determined "that a single component does not constitute a substantial portion of the components that can give rise to liability under ۤ271(f)(1)." As the Supreme Court noted, Life Technologies manufactured all but one component of its kits in the United Kingdom -- manufacturing Taq polymerase in the United States and then shipping the Taq polymerase to its United Kingdom facility to be combined with the other four components of the kit.

[...]

The opinion conceded that "[t]his is an unusual case," noting that "[p]atent owners who prove infringement are typically awarded at least some amount of damages." However, in this case, Promega waived its right to a damages award "when it deliberately abandon[ed] valid theories of recovery in a singular pursuit of an ultimately invalid damages theory." The Federal Circuit therefore concluded that the District Court did not abuse its discretion by declining to give Promega "multiple chances to correct deficiencies in its arguments or the record." As a result, the panel also affirmed the District Court's denial of Promega's motion for a new trial.


It's worth noting that this pertains to the United Kingdom, i.e. Europe. The US gets to decide on patent matters abroad. If that sounds familiar if not worrying, think what the UPC strives to achieve. More so in the context of a seriously deficient legal system where a crazed patent maximalist (Battistelli) exercises (abuse of) power over judges.

Recent Techrights' Posts

Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
 
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
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
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
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025