Bonum Certa Men Certa

European Media Covers the Latest EPO Scandal and the EPO's Refusal to Obey Orders of a Court

Presidential trends of 2017...

Refusal to Obey Orders of a Court



Summary: European media is starting to catch up with the latest from ILO and the great importance not only of the rulings but also the EPO's response to these

THE latest EPO scandal is an unfinished story. Expect strikes next week (at least one in Munich) and plenty of discussion in the European press. The case is extraordinary because the EPO basically rejects a court's ruling. It reinforces the stigma associated with the EPO. We wrote 5 articles about this yesterday:

  1. ILO is 'Forcing' Team Battistelli to Compensate the Banned Judge and Give Him Back His Job
  2. Meanwhile in Eponia, Tyrant Battistelli Must be Seeking Advice on How to Refuse to Obey Court's Orders (Again)
  3. ILO Said Give the Judge His Job Back, But Christoph Ernst's Administrative Council Will Likely Let Him Go (Unemployed)
  4. Less Than 24 Hours Later the EPO Already Refuses to Obey Court Orders From ILO (Updated)
  5. Battistelli's EPO is Once Again Caught in Very Gross Violation of the European Patent Convention (EPC)


Plus 3 so far today:

  1. EPO Scandal Spills Over to Irish Media, So It's Time for the Backstory
  2. SUEPO Announces Protest, EPO Distracts From the Scandal, and Readers Spill the Beans
  3. Antonius Tangena From the European Patent Institute (EPI) 'Aids' Željko Topić's Appointment at the European Patent Office (EPO)


Expect much more on this subject. Over the weekend we'll also release some more documents.

Mathieu Klos of JUVE has meanwhile published this article, which he summarised in English as follows: "Lawyer of suspended EPO-judge demands reinstatment - immedeatly [sic] our report..."

So German media now covers the latest scandal in Munich. Expect French/Dutch media to join in. Earlier today the British media revisited the subject (second time this week) and wrote about the refusal to obey the court's orders, then some words from the Central Staff Committee:

Despite the ruling however, which explicitly stated he should be handed back his user ID and be allowed to access EPO buildings effective immediately, when Corcoran turned up at the EPO's Isar Building in Munich after lunch on Thursday – reportedly to have a cup of tea with colleagues – he was turned away by the head of the EPO's security who reportedly informed him that she was under instructions to ignore the court order.

[...]

In the meantime, the EPO's staff union Central Staff Committee has written a letter to EPO management and the Administrative Council arguing that the ILO rulings demonstrate that Battistelli cannot be allowed to enact any further reforms before his term ends next year.

The letter highlights the (many) criticisms of Battistelli within the ILO's rulings. "We cannot help but interpret the judgments both as a massive motion of no confidence in the President of the Office and a warning letter to the AC," the letter states and argues that the council was "misled about essential points" in the Corcoran case by Battistelli.

"We have repeatedly warned against the content and pace of major reforms which have been pushed through without genuine consultation," the staff representatives note, while pointing out that even if the EPO does follow the ILO's judgments (which, so far, it has not), that they still do not address the underlying governance problems at the EPO.

"The ball is now with the AC," the letter concludes, "which urgently has to answer the following question: should these reforms be left to a President and team having such a record of performance?"


The Register has already attracted many comments about ILO and what some people within the comments suspect to be AstroTurfing from the EPO (or a PR firm).

One person asked: "What are the sanctions going to be? If the ILO have no power to impose sanctions then they are pissing in the wind."

A lot of the comments are abusive or distracting. A few comments in Kluwer Patent Blog are the same. Well, the author of the article then responded to some "aggressive" (ad hominem) comments as follows:

Thanks for your aggressive queries. I had three separate sources confirming what happened earlier today. I don't know whether you've been following events at the EPO, but for several years its management has been aggressively investigating and disciplining staff that criticize its president or his reform plans. As a result, people aren't all that keen on having their names published. As for the ILO decisions, the organisation put out a news alert and a special announcement that it would be revealing the results of 8 cases a month earlier and in pubic. It said 5 of those 8 were about the EPO. It also live streamed the meeting on YouTube. I found out about both these events because I am a journalist and that is what I do for a living. Hope this helps.


One person responded to this article by asking: "Will Member States and EU put the final nail on the coffin of fundamental justice for EPO workers? Let them do that soon then."

Over at Kluwer Patent Blog, "Concerned observer" expressed his/her belief that the EPO will simply disregard a court's decision again (in spite of political pressure and staff protests). To quote:

This could be where we enter interesting territory. Article 19(2) of the PPI of the EPO reads as follows: “The President of the European Patent Office has the duty to waive immunity where he considers that such immunity prevents the normal course of justice and that it is possible to dispense with such immunity without prejudicing the interests of the Organisation. The Administrative Council may waive immunity of the President for the same reasons”.

From the long and tortured history of the case of the “judge” that was the subject of the ILO’s judgements, there are several points where it is clear that the national courts could have a role. I shall give two examples.

The first is the alleged “defamation” of the President. Whilst immunity has not stopped senior EPO management from trying to sue in the national courts, it is a far from ideal state of affairs. That is, it creates an inequality of arms: the management can sue (and make allegedly “defamatory” comments in the course of doing so), but are immune from counter-suits. This is a powerful reason to strip the President of his immunity in connection with the case of the “judge”: if Mr Battistelli TRULY believes that he has been defamed, then the best way to sort it out will be in the national courts … but the price for pursuing this course of action will be loss of immunity from counter-suit. A fair compromise, no?

A second point on which the national courts may have a role is the manner in which the “evidence” against the judge was gathered. I for one would be keen to ensure that the EPO is not able to “snoop” on me (and my confidential communications) if and when I ever enter the EPO’s premises. I very much doubt that I am alone here, meaning that there is a strong public interest in ensuring – through investigations by national authorities and, if necessary, by prosecutions in national courts – that the management of the EPO is rendered incapable of authorising monitoring activities that break EU laws.

On both of these points, it is perfectly possible to conclude that “immunity prevents the normal course of justice”. Thus, the only question that remains is whether “it is possible to dispense with such immunity without prejudicing the interests of the Organisation”. That one is easy to answer too: the Organisation has an overriding interest in maintaining a good reputation. It will be impossible for the Organisation to do that without taking positive action to expunge the stains that have been left from the case of the “judge” that was subject to a house ban.

In the light of all of this, I suppose that the only relevant question to ask will be: which “excuse” will the AC come up with this time for not taking any action?

My bets are on no “excuse” at all. That is, I predict that they will simply ignore the judgement (like they did with the judgement of the Enlarged Board of Appeal which concluded that the President’s actions compromised their judicial independence). There is a grave danger for the AC if it chooses this path, though. This is because this issue will simply not go away, meaning that inaction on the part of the AC will only prompt further questions. These may well include questions relating to whether the AC is performing its function, and if not why not.

Of course there is nothing whatsoever for the AC to fear if there is nothing to see here – that is, no (financial) impropriety of any sort, nor any “conspiracy” to cover up misdeeds. But what are the chances of that?


We warmly welcome any more information on this subject. There's more that we already know and intend to publish soon. It's somewhat liberating to know that a lot of "dirty laundry" can come out now.

Recent Techrights' Posts

Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
A "horrible week (hebdomada horribilis?) for the Solicitors Regulation Authority" (SRA)
The SRA is part of the SLAPP problem
EPO's Central Staff Committee (CSC) on EPO Social Dialogue
They've refrained from mentioning the industrial actions
The Register MS is Promoting Ponzi Scheme for Financial Fraud/Accounting Fraud Company, The Register MS Gets Paid to Do This
Published 6 hours ago
IBM's Kyndryl Managed to Fall to Less Than a Quarter of Its Past Year's High
Imagine IBM falling to $75
Links 10/02/2026: Media Freedom Feels Dead in Hong Kong and Grammys, Superbowl Becoming Politics
Links for the day
 
With Firefox Measured at 2% in the United Kingdom Time is Running Out for Web Site Support for Gecko/Servo Users
The open Web is rapidly dying while Mozilla celebrates and champions slop
Lawsuit reactions: EFF behaviour reveals zombification, censorship
Reprinted with permission from Daniel Pocock
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026
Google Still Helping the Slop Pyramid Scheme, Encouraging Plagiarism Too
Google is a plagiarism company and it wants public solidarity for plagiarism by LLMs
Gemini Links 10/02/2026: "The Luminous Dead", Matrix, and Containers
Links for the day
Kyndryl CFO Harsh Chugh Comes From IBM (17+ Years)
Who would want such a position?
IBM RAs (or PIPs) in London, England?
They try to keep the lid on it
International Buybacks Machines
Will the current US administration/regime look into IBM's accounting or only its mini me's?
IBM Could be the Next Kyndryl, a Dinosaur With Accounting Fraud
Many shareholders (or even pension funds) are taking a big hit today
Ian Murdock Died in San Francisco 10 Years Ago. Cops Led to His Death.
10 years ago Ian Murdock died after cops had messed him up
US/Europe divergence: health & safety, criminality & Debian harassment culture: Open Digital Ecosystems submission F33370170
Reprinted with permission from Daniel Pocock
Links 10/02/2026: Splinternets and "Meta Goes to Trial in a New Mexico Child Safety Case"
Links for the day
Russia and China Best Off Without GAFAM
What if they abandoned GAFAM?
Will Finns Put Out the Online Cigarettes?
More people recognise that the child porn site formerly known as "Twitter" and Cheeto/Pooh-tin controlled TikTok are no longer trustworthy
As the US Economy Sags Microsoft Layoffs Carry on (Now in Larger Waves Like 15,000 Per Season or 30,000+ Per Year)
They try to avoid "negative" topics
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Where We Stand With the Winter Series
We'll need to protect names and sources
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out