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

Why Would Anybody be Afraid of Talking to Richard Stallman?
We need to get rid of the baseless stigma
EPO on Strike
organisation operating outside the Rule of Law
Affirming What We Already Know: Solicitors Regulation Authority (SRA) is Profoundly Incompetent
"SRA ordered to pay solicitor £50k in costs after failed prosecution"
RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
 
Free Software in Swiss Media This Week
RMS is still going places with his Migros bag (Swiss retail giant)
TV Programs Disseminate False Numbers of Microsoft Layoffs (About 31,000 Laid Off Last Year, Not Including PIPs, Contractors and so on)
large-scale layoffs are inevitable, no matter how long Microsoft delays or procrastinates
Links 30/01/2026: Microsoft's "OpenAI Is Headed For Bankruptcy" and Bitcoin Crashes
Links for the day
Amutable is a Microsoft Proxy Like Xamarin, With Some IBM/Red Hat Staff Added for Good Measure
Amutable chasing money and trying to impose TPM etc. on everybody
The Letter Sent to the Ringleader of the Alicante Mafia This Week
Call for industrial actions to stop the salary erosion of EPO staff
Oracle's Debt Exploded by 22 Billion Dollars in 6 Months, the Ponzi Scheme With Scam Altman Was Classic 'Pump and Dump'
The founder of Oracle now uses his wealth for right-wing ideological reasons, nothing else
Facebook ('Meta') is Dead Meat, This GAFAM Company's Debt Exploded by Almost 33 Billion Dollars in Just 3 Months (11 Billion Per Month)
we can expect many sales/contracts to get canceled
Australia's top nurse takes on Musk, Zuckerberg & rogue health influencers, birthkeepers
Reprinted with permission from Daniel Pocock
The "Alicante Mafia" - Part XVI - The Associates of Mr. Cocainegate Don't Want to Talk About Cocainegate (Right of Reply)
Nobody wanted to talk about cocaine at the EPO
The "Open Source" (Corporate Openwashing) Fake Community Rejects Democracy, Open Source Initiative is in Effect Dead
This is basically the end of the OSI
Cracks and Holes in Microsoft's Slop Bubble (Also, Windows is Declining)
"More Bad News For Xbox As Microsoft Blames Gaming For An Annual Decline In Its PC Business"
Microsoft's Debt Exploded by More Than 20 Billion Dollars This Past Year, Says Microsoft
Expect more mass layoffs
Strike at the EPO Today
Next month we'll start a new EPO series
State of the Slop and The Register MS Runs Ads as 'Articles'
Yesterday we could not find much slop about "Linux"
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026