Bonum Certa Men Certa

Battistelli and Topić Lose Their Bogus 'Case' Against Judge Corcoran After They Defamed Him and Ruined His Career/Life

SLAPP tactics by Željko Topić have a long tradition in Croatia

MoU signed by Bergot
From left to right: Željko Topić, Benoît Battistelli, and Elodie Bergot



Summary: The SLAPP action against Judge Patrick Corcoran, who has so far won all cases involving the EPO, is finally dismissed in Germany; what remains is an ugly legacy at the EPO, wherein everyone bold enough to say something about corruption at the top is having his or her life -- not just career -- destroyed

IN JUST over a week António Campinos inherits a mess at the EPO. He inherits it from the man who has, in essence, arranged the job for him, having actually caused this whole mess. Campinos, based on sources of ours, is totally accepting crooks and thugs inside his management, perpetuating all the same dysfunctions as before. There's a new article titled "EPO Staff, Users List Priorities For Incoming President" (full version is available from SUEPO [PDF]). It's quite gently worded, maybe for "diplomatic" reasons.



"Campinos, based on sources of ours, is totally accepting crooks and thugs inside his management, perpetuating all the same dysfunctions as before."Do not expect Campinos to even bring up the subject of Judge Corcoran, who is said to be in hospital (victim of 3.5 years of mental torture). We don't know the cause for sure, but rumours suggest it may be related to the trauma and financial damage caused by the Office. Recently, for example, a German magazine quoted Corcoran's lawyer as saying she's thankful he's still alive, which we assumed meant that this whole ordeal took a tremendous toll, maybe even thoughts of suicide.

Serious criminality can be seen right at very the heart of Europe, committed by an organisation that was erroneously placed above the law, the EPO. Curiously enough, at least in Topić's case, there are suspicions that he uses the EPO's diplomatic immunity to dodge prosecution in his home country, Croatia (where he faces many criminals charges). Quite a team you got there, Mr. Battistelli, eh?

"Curiously enough, at least in Topić's case, there are suspicions that he uses the EPO's diplomatic immunity to dodge prosecution in his home country, Croatia (where he faces many criminals charges).""There exists apparently a second case in which an EPO employee was found innocent and acquitted of all (criminal) charges by the highest Dutch Criminal Court but yet found guilty by the EPO and ILOAT," an insider wrote yesterday, reflecting or relating to this news from Dr. Thorsten Bausch, who courageously (considering the risk of consequences to his career or retribution from the employer) continues to cover these affairs.

"If you hurry, you can still take part in our free #webinar on how to access court decisions on patents across Europe with ECLI," the EPO wrote yesterday as if it actually cares about court decisions. The EPO repeatedly refused to obey court orders, including in Judge Corcoran's case. The EPO truly acts like a criminal organisation, which nobody seems capable of compelling to obey the law, let alone enforce court rulings.

Bausch's latest (in Twitter as well) states this:

Breaking News

All of the above decisions of the ILO and the EBA went in favour of Mr. Corcoran for procedural reasons only. This made me curious whether there is anything to the accusations raised against Mr. Corcoran on the merits, or whether – using the EBA’s words – “unsubstantiated or groundless, made-up allegations were used as a pretext for getting rid of an irksome judge”. It took me several months and a request to the Regional Court of Munich (Landgericht München) to get closer to the bottom of this issue. Finally I received an anonymized copy of a decision 24 Qs 18/17 in criminal proceedings between the EPO President (private plaintiff 1) and his VP4 (EPO Vice-President), Mr. Željko Topić (private plaintiff 2) against Mr. Corcoran (defendant). An English translation is provided here.

To put it succinctly, Mr. Corcoran was acquitted of all charges both by the Local Court (Amtsgericht München) and on appeal by the Regional Court of Munich (Landgericht München). The decision is final and I encourage readers to read it thoroughly. Not only has the procedure instigated against Mr. Corcoran been unlawful, Mr. Corcoran is also innocent on the merits!

Comment

Reading the Landgericht’s decision, my first impression was that the President’s and VP4’s criminal action failed absolutely spectacularly, both for formal reasons and on the merits. It is particularly worth noting that the three judges of the Landgericht, who could have taken the same easy way out as the Amtsgericht and the ILOAT decisions by just deciding the appeal based on formalities, did not stop there but actually considered the merits of the case as well.

In doing so, the Landgericht thoroughly destroyed the complaint, designating plaintiffs‘ evidence as „assumptions“ or „suspicions“ far away from the high probability or near certainty necessary for entering a judgment against the defendant, and held that there is no basis for the accusations (a) that Mr. Corcoran wrote a certain allegedly defamatory email about Mr. Topić, (b) that he sent this email out, (c) that it was received by any of the alleged addressees, and (d) that the email was even defamatory to the Plaintiffs. I would call this decision a first class acquittal.


There are some decent comments there (so far). "Michel" wrote: "Do you honestly think that Mr. Ernst, who is about to be appointed vice-president of the Office, will do anything to restore Mr Corcoran’s situation or reputation? You must be kidding. The Administrative Council was behind Mr. Battistelli, and they were fully aware of what was going on. This is why it has become almost impossible to clean the Augean stables of the Office. The Organisation as a whole has gone berserk."

Yes, this isn't going to change. Someone then starts asking what we asked several times before:

Thinking about it, here two questions :

1 – how much did the private court cases of Mr Battistelli and Topic cost in total?

2 – who paid for these private court cases : Battistelli and Topic themselves (don’t die laughing) or… the EPO (Applicants’ money) ?


"Very good question for the AC to ask the plaintiffs," Thorsten Bausch responded. Don't expect them to ever answer these questions. We asked these in past years and nobody seems to have know the answer in this very 'transparent' EPO.

"Darius III" then says: "I don€´t expect the AC to offer any apology. They are well aware of their huge reponsibility in Mr Corcoran€´s situation and they seem to – wrongly – believe that the only way for them to avoid being held accountable is to destroy him entirely, mentally and physically."

"Cynic" adds: "That this decision came on 6.11.2017 and yet the EPO still continued to pursue the BoA member after that (and the Administrative Council met in December) is unforgivable. Vindictive and malign."

Irreversible damage has been done and no doubt the judges in the German FCC will take this into account. Here's a long comment about budget and Campinos (whom we don't expect to do anything to correct this):

Well the transfer of DG3 to Haar cost a fat 2 digits amount of million EUR of good old applicants’ money (the price of mismanagement since Battistelli did it as a smoke-screen to cover the tracks of his erratic actions (which de facto put the question of possible lack of independence under clear light).

For what result?

None since your point is valid: DG3’s budget remains dependent from the president and the damages done to DG3’s reputation (with the active support of the Council) will probably not be reversed by later whilst re-instating Mr Corcoran soon (I hope to be wrong on this one).

All this is very sad but indeed the next president soon to arrive will perhaps do better.

One of the main issue for Mr Campinos is that all top managers responsible for the current EPO debacle (not only in DG3 but overall) have been placed at key positions all across DG4, DG5, DG1, presidential office, investigative unit etc.

They will still be in place after Battistelli’s departure.

So cleaning the Augean stables of the Office will only be possible, IF and only IF, Mr Campinos gets rid of them (or they will of course continue to act in collusion first to protect themselves then to protect Battistelli’s legacy since he made them and they owe him). They are not many but will Mr Campinos have the guts to take the only decision which is to be taken: hold them responsible for their abusive and illegal actions and draw the logical consequences?

One only has one chance to make a good first impression. Mr Campinos will have to act – and be seen to act – to restore the severe damages or else, it will only be more of the same.

Let’s hope Mr Campinos remembers this for the sake of preserving the EPO.


Campinos is taking over a complete mess, including a disgusting, dodgy person like Topić as a Vice-President. Disillusioned workers might still choose to believe that bright days are ahead, but all we're able to see over the horizon is reputational damage and layoffs. This is of course the fault of everything Battistelli has done since 2010. Even back then, as we showed around Christmas time, he already attacked staff representatives, muzzling them after he and Topić had done similar things elsewhere. Sociopaths have taken over the Office, bringing with them some more crooked people who are loyal to them. The only solution may be to flush the entire management of the EPO and start afresh.

Recent Techrights' Posts

New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
 
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025