Bonum Certa Men Certa

The EPO's War on Justice and Assault on the Law -- Part 15: The EBA Letter of 8 December 2014

Previously in this series:



EPO IU Surveillance
Internal documents show that the EPO's Investigative Unit was active in monitoring "TechRights" and its IRC Channels in the hope of identifying "leakers".



Summary: The illegal surveillance by Europe's second-largest institution was a culmination of dictatorial despotism by the institution entrusted to grant patents correctly while respecting the independence of judges

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair…



"In the middle of an ongoing social conflict that had been festering since at least 2012, the suspension of a Board of Appeal member by the EPO President, under the guise of a "house ban", generated enormous disquiet, not only among bloggers, attorneys and EPO staff union officials, but also within the Enlarged Board of Appeal itself."Readers may recall that back in December 2014 the EPO was in a dreadful state of turmoil.

In the middle of an ongoing social conflict that had been festering since at least 2012, the suspension of a Board of Appeal member by the EPO President, under the guise of a "house ban", generated enormous disquiet, not only among bloggers, attorneys and EPO staff union officials, but also within the Enlarged Board of Appeal itself.

As a matter of fact, the members of the Enlarged Board were so incensed by Benoît Battistelli's actions that they sent a letter of complaint to the governing body of the EPO, the Administrative Council.

"Never before had an internal dispute of this kind spilled out into the public domain with such vehemence."As IPKat correctly noted, this was an extraordinary event which was unprecedented in the 40 year history of the EPO. Never before had an internal dispute of this kind spilled out into the public domain with such vehemence.

The letter of 8 December 2014 from the Enlarged Board protested that Battistelli's "house ban" amounted to a suspension which was not lawfully imposed.

According to the Enlarged Board, neither the President nor his Investigative Unit had the required authority to suspend a Board member. It was also noted that the computer belonging to the Board member was confiscated, thereby potentially giving office staff unauthorised access to confidential information about ongoing appeal cases.

"It was also noted that the computer belonging to the Board member was confiscated, thereby potentially giving office staff unauthorised access to confidential information about ongoing appeal cases."The Enlarged Board summarised its concerns in the following terms:

"The actions of the investigation unit on the orders of the President also appear to be a clear challenge to the judicial independence of the Boards of Appeal."

The Administrative Council was urged to take action to bring Mr Battistelli into line:

"What is needed is a clear limitation on the executive power, as far as the Boards of Appeal are concerned, in situations like the present, so as to avoid any impression of undue influence on their judicial work, contrary to the independence requirements of Article 6 of the European Convention on human rights."

Shortly afterwards, the Enlarged Board's letter of protest was endorsed by no less than eight external members from the national judiciaries of the EPO's contracting states.



The dramatic and unprecedented events of December 2014 were widely covered on various IP news channels.

"The dramatic and unprecedented events of December 2014 were widely covered on various IP news channels."In the midst of this turmoil, some members of the Enlarged Board leaked copies of the letter of 8 December 2014 to IP Kat and Techrights in an attempt to gain publicity for their protest and draw attention to Battistelli's outrageous and unprecedented encroachment on judicial independence at the EPO.

Shortly afterwards - presumably under pressure from "Team Battistelli" - IPKat removed the link on its website to the copy of the letter which it had received

However, the original document can still be viewed online on Techrights.

The leaking of this document was not without risk for the Enlarged Board members involved.

It was subsequently revealed in June 2015 that, at the time in question, the EPO's Investigative Unit had been unlawfully using covert surveillance measures against perceived "internal enemies" of the Battistelli régime.

In fact, it is known that Battistelli's IU invested a significant amount of effort into monitoring "TechRights" and its IRC channels in the hope of gathering information that would assist in identifying the so-called "leakers".

Internal documents indicate that EPO management was in a state of "blue funk" when it realised that "[P]eople appear to be flocking to Schestowitz' cause".

According to the EPO's internal "Stasi": "People that were clearly not in contact with him [i.e. Schestowitz] before appear to be mailing him now."

"As far as the letter itself is concerned, it can be seen that there are 35 signatures appended at the end."As it turns out, none of the Enlarged Board members involved in leaking the letter of 8 December 2014 were ever apprehended by Battistelli and his goons.

As far as the letter itself is concerned, it can be seen that there are 35 signatures appended at the end.

At first glance it might appear that the letter was unanimously approved and signed by all members of the Enlarged Board.

However, the fact of the matter is that two members did not sign the letter.

In the next part we shall consider the potential implications of these "missing signatures" for case no. G 1 /21.

Recent Techrights' Posts

What Do People Ever Buy From Microsoft Anyway (Not PCs)?
Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
Links for the day
IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
Nothing signals societal tolerance more than paying a large military contractor
IBM Behaves Like a Company Looking for Loose Change Between Sofa Cushions
Chasing laid-off workers for dollars and even pennies, making excuses and devising loopholes (such as PIPs) to flout severance obligations
 
Links 20/02/2026: Standards, Science, and Politics
Links for the day
GNU/Linux Adoption is Higher in Richer Countries
Is it because freedom is actually expensive - something that only privileged people can pursue?
Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
Links for the day
IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
The hypocrisy at Red Hat and Fedora shows no boundaries
IBM Layoffs Aren't Just in IBM 'Proper'
Who is still using Lotus after the HCL move?
The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
The credibility of that site will suffer because it tries to sell a major scam to its audience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 19, 2026
IRC logs for Thursday, February 19, 2026
Gemini Links 19/02/2026: "Towards a Gemini Famicom Resource" and Dumping Microsoft
Links for the day
Microsoft Found Another Bailout Opportunity: Killing People
Good thing that Nadella is not racist!
No "Smart Mobs" (Social Control Media) in BRIC?
It looks like the "Social" "Media" sites tracked by statCounter see little from (or of) BRIC, and moreover it is declining fast
The Few Slopfarms We Saw Today
The sentiment has changed a lot
Links 19/02/2026: Protecting Framework Laptop 13, Hardware Drive Shortages
Links for the day
In Africa's Second-Largest Nation, Democratic Republic of the Congo (DRC), Opera 10 Times Bigger Than Firefox (and GNU/Linux Now at 5%)
This will become an accessibility problem
Links 19/02/2026: "A.I.pocalypse" Inevitable and "Butlers to LLMs"
Links for the day
An Inherently Royal (Monarchs') Legal System Where Size Matters (Big Capital Eats the Small)
This reinforces the notion that justice is only for those who can afford it
These Statistics Should Keep Microsoft Shareholders Awake at Night
Windows is, in general (all versions collectively), declining over time
Economic Failure and Other Harsh Realities Have Nothing to Do With Slop 'Innovation'
Advanced propaganda, not advanced 'AI' [...] They attack workers while insulting their intelligence
Spaniards Shutting Down MElon's Digital Weapon of "Smart Mobs"
Are the Spanish people already acting based on gut feeling and shunning/shutting out the provocation vector?
Bitcoin: government engagement contradictions
Reprinted with permission from Daniel Pocock
Richard Stallman in the United States - Part II - "Haters Gonna Hate"
we shall carry on with this series at the right pace
Typical! Solicitors Regulation Authority (SRA) Tells Victims of Fraud to Wait 10 Weeks
justice delayed is justice denied
EPO Union Leaders in Rijswijk Explain Where EPO Strikes Stand and How to Prepare for Next Week's
We have some revelations to share in a few days
statCounter: Only One in 350 Iranians Would Use Microsoft for Web Search
Microsoft is trying to fake "demand"
Slides Shown a Week Ago by the EPO's Staff Committee Ahead of the Second Very Large Strike
This coming weekend we'll drop a 'bombshell' of sorts
EPO "Cocaine Communication Manager" - Part II - Illegal Drug Addicts Mobbing the Wrong People, This Will Definitely Backfire
This year may well be the last year of Team Campinos. Nobody will hire them after that.
Mass Layoffs (But Silent Layoffs) Still Happening in IBM, You Need Only Look Closely (There Are NDAs, PIPs, 'Early Retirement' Sweeteners and IBM - Like Microsoft - Skirts the WARN Act)
the layoffs are definitely happening
Microsoft's "AI CEO" (Slop Propagandist) is Projecting, Many Microsoft "Jobs to be Replaced With All-Indian Low-Paid Staff in 12 Months"
Windows is perishing
Very Little Slop
We are not finding much slop anymore
Links 19/02/2026: Illegal Kangaroo Court for Patents Attracts Aggressive Firms, Public Domain Review Grows
Links for the day
Gemini Links 19/02/2026: Taxing the Rich, Raspberry Pi 4 Tinkering
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 18, 2026
IRC logs for Wednesday, February 18, 2026
Links 18/02/2026: DMCA Weakened, Anna’s Archive Still Thriving
Links for the day
Links 18/02/2026: Gig 'Economy' Condemned, Microsoft Insulting/Stressing People With False Slop Predictions
Links for the day
Twitter Falling to 1% in Africa's Largest Nation (Algeria)
About 15 years ago the regime in Egypt got toppled (and others had been too) partly because of social control media such as Twitter
"How Many Friends Do You Have?"
"Do bots count?" "Friends in Facebook?" "Does a girlfriend chatbot count as a friend?"
Solicitors Regulation Authority (SRA) Responds to Crises Only After It's Way Too Late
The SRA does not do its job. The new chief's job is face-saving PR in the media.
The Techrights Team Makes the Platform Faster
The infrastructure is already fast
Mozilla Firefox Died in Afghanistan
Mozilla has been a complete disaster
Gemini Links 18/02/2026: Astronomy and Texinfo
Links for the day
Are IBM CEO and IBM CFO Ready for Financial Audit That Topples the Shares by 50% in One Day?
The same "chefs" that cooked up Kyndryl Holdings Inc are still in charge of the IBM kitchen
France Does Not Need Digital Weapons Disguised as Social and as Media
French people lost interest in Social Control 'Media' (or Networks)
"Senior AI Reporter" at Slop Technica/Ars Sloppica Has Written Nothing in Nearly a Week, Did Conde Nast Suspend Him for Fake Articles With Fake Quotes?
Slop Technica/Ars Sloppica is having a serious credibility issue right now
Linux Foundation Puts Slop Images, Not Just Slop Text, in Linux.com
More of the same then
The Register MS Paid-for 'Articles' (Ads) Seem to be LLM Slop Again
If it's true that The Register MS is resorting to these marketing tactics, will they later delete the evidence (as they did months ago)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 17, 2026
IRC logs for Tuesday, February 17, 2026