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

Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
Criminalising Opposition to Fraud
slop causes social issues
 
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026
IBM Grapevine: Development Outsourced to LLM Slop and It Results in Many Bugs
IBM is circling down the drain and every insider knows it
Microsoft Gives Many People the 'Booty' This Week, Not Counting PIPs (Silent Layoffs and 'Voluntary' Layoffs)
Microsoft PIPs allegedly target "20-25% in some teams."
Nearly 1,000 People at EPO 'Met' to Plan Further Strikes and Impending Action to Dethrone Corrupt Leadership
Exploring the purchasing "power" of EPO leadership (buying elections while doing cocaine in public)
Links 23/09/2026: Pax Silica Hub Ruins a Country for a Pyramid Scheme (Slop), Convicted Felon's Press Block Resembles Iran, Russia, China
Links for the day
Gemini Links 23/09/2026: Stuck, Gambling, Fury Road, IPFS, and More
Links for the day
The Register Got Paid Today to Spew Out "AI" Almost 50 Times (Keeping the Pyramid Scheme Buzzing in Headlines)
paid-for spam
SLAPP Censorship - Part 196 Out of 200: Sending Someone to Our Doorstep to Ship Approximately 5 KG of Legal Papers (Instead of to Our Representatives)
it is not about law, this is lawfare
IBM's Anderon Already Smells Like a Fraud and IBM Insiders Heckle the Lies From the Management
Sabine Hossenfelder recently made some videos which explain in simple terms why IBM is lying and has already lied about this for years
Links 23/09/2026: Mass-Surveillance by Clownflare and "Data Centre" Crunch Commences
Links for the day
Same Name/Brand, Not the Same Project/Product
What is Linux becoming?
Germany, Like Switzerland, Will Dump Microsoft's Proprietary Software and Disservices, Then Dump Windows for GNU/Linux
This impacts not only the Windows revenue; this corrodes any "rents" Microsoft was getting from "subscriptions"
3 Years Divorced From Americans
Next year we plan to pursue the UK's Court of Appeal
The Register MS Uses Slop About Slop (in Images)
Months ago we caught The Register MS using slop for text as well
There Are Likely Over a Thousand Internet Relay Chat (IRC) Networks Online, Net Gain of 16 Seen This Month by Andreas Gelhausen's netsplit.de
It's good that they're still tracking that sort of stuff
SLAPP Censorship - Part 195 Out of 200: Two Years Since Garrett, Graveley and Lozza Worked in Parallel to Censor Techrights
It began in September 2024, shortly after we had sued Garrett
Linux Kernel Becoming a Slopfest - Part 8 - In Conclusion
this can invite more SCO-like problems in the future
Microsoft Shuts Down More Studios, Morale Low, More Mass Layoffs Ahead of Reports
They pretend it's not happening or that it's a lot smaller than it actually is
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 22, 2026
IRC logs for Tuesday, September 22, 2026
Gemini Links 23/09/2026: Ljubljana, Poetry, and FORTRAN
Links for the day