Bonum Certa Men Certa

The EPO's Systematic Attacks on Justice and on Judges Have Likely Played the Biggest Role in the Death of Unitary Patent (UPC)

Recent: Another Victim of Corrupt Benoît Battistelli (a judge)

Fair trial



Summary: The issues associated with lack of independence for European patent judges are totally unsolved; this means that any decisions about European Patents may, in the meantime, be subjected to substantial doubt and it harms the perception of justice

THE EPO's judges still lack independence under António Campinos. It certainly seems like Campinos doesn't intend to fix anything and maybe this is why he's so afraid to meet SUEPO officials, who are growing impatient with him by the looks of it.



"Battistelli made appeals more expensive, knowing that such a move would discourage appeals and thus help hide the profound decline in patent quality -- a point we've made countless times over the years."An article just published by Leythem A. Wall (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, one of the biggest patent maximalists out there) may be short, but it basically repeats somewhat old news from the EPO when it says: "In one of his last acts as President of the European Patent Office (EPO), Benoît Battistelli has referred a question to the Enlarged Board of Appeal concerning appeal fees and the interpretation of Article 108 EPC. The case is now pending under the reference G1/18."

Battistelli made appeals more expensive, knowing that such a move would discourage appeals and thus help hide the profound decline in patent quality -- a point we've made countless times over the years. What is going to happen next? We're not optimistic. Remember that the Enlarged Board of Appeal, due to decide on matters including this, is not independent. It spoke about it again not too long ago.

"Remember that Battistelli's abuses have played a very considerable role employees' deaths and in the scuttling of the UPC."The media barely mentions any of these issues. Joff Wild, for example, has just mentioned "President Benoît Battistelli" again (at IAM). This can become a serious reputational liability if Battistelli gets arrested some time in the future (not his extremely violent bodyguard). After Benoît Battistelli wrote articles for IAM and was given a keynote slot by IAM they still treat him as some sort of champion with a "legacy". What exactly is his legacy? Corruption? Construction site? Serious brain drain? The death of the UPC? Remember that Battistelli's abuses have played a very considerable role employees' deaths and in the scuttling of the UPC.

There's no "Future Unified Patent Court". We're pretty certain of that. But pro-UPC propaganda blogs such as Kluwer Patent Blog now give the platform to "Intellectual Property Rechtsanwälte" Thomas Musmann, whose biases are revealing. From yesterday's blog post:

IIAs are treaties under public international law that are not specific intellectual property (IP) agreements, such as TRIPs. Rather, they generally protect property rights against state interference. To date, arbitral tribunals have rendered decisions in four IP-related international investment disputes. Whereas the Eli Lilly v. Canada award pertained to a dispute involving decisions of state courts, arbitral proceedings based on an IIA may also be considered as a special appeal mechanism concerning IP-related decisions of international organizations, e.g. the European Patent Office (EPO) or the future Unified Patent Court (UPC). Thus, they could represent an alternative to other extraordinary remedies which have already been used for challenging EPO decisions, e.g. constitutional complaints before the German Federal Constitutional Court or applications submitted to the European Court of Human Rights (ECHR).


This is the same ECHR where SUEPO lodged a serious complaint. We expect the German FCC, ECHR, ILO and others to play a role in the scuttling of whatever remains of UPC hopes. The UPC hopefuls too will move on with their lives.

"We expect the German FCC, ECHR, ILO and others to play a role in the scuttling of whatever remains of UPC hopes."Team UPC has in general been very quiet for months and not because it's summer. Bad legislation dies in the midst of inaction, not because its death is announced (it 'hibernates'). The UPC is dead. Even if Britain decided to can Brexit and remain in the EU, the UPC would still be dead. It's no longer the UK that acts as a barrier; there are several constitutional issues, EPO corruption and a lot more.

Recent Techrights' Posts

There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
 
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025