Bonum Certa Men Certa

The UPC Lobby Wants to Crush the Boards of Appeal (BoA) While EPO Changes Rules of Procedure of the BoA

Related: Crazed Battistelli is Trying Plan B to Demolish the Boards of Appeal (Quality Control), Praesidium/Association of Members Strikes Back

Battistellius



Summary: The Unified Patent Court (UPC) push has slowed down if not ground to a halt, but attacks on the Boards of Appeal (BoA), which UPC lobbyists are hoping to replace, appear to carry on under the guise of "consultation" (a concept that Battistelli never seems to have grasped)

THE UPC lobby has been relatively quiet, knowing that Germany put the whole thing on the ice if not in the bin. It may take several years for Team UPC to even know the outcome.



A US-based front group, Center for the Protection of Intellectual Property (CPIP) (not to be mistaken for Center for Intellectual Property Understanding (CIPU)), was mentioned here a couple of years back (amongst other times). It's USPTO-centric and it's now pushing for the UPC, so it's simpler to know it's not a good thing for Europe. It said: "This new paper from our Patent Valuation Symposium by Roya Ghafele et al. is already having an impact in Europe: Using Patent Valuation Methods to Assess Damages in Patent Infringement Cases Under the Unified Patent Court..."

We attempted to find out who sponsored the work, knowing that the EPO already corrupts academia for so-called 'studies' which are really UPC advocacy. The EPO corrupted academia both in the US and in the UK for this. The author, Ghafele, is based in Oxford and works for a private consultancy. From the abstract:

We illustrate how publicly sanctioned IP valuation guidelines prevailing in Europe can be applied to assess damages as foreseen under the provisions of the UPC Agreement. With the help of a hypothetical example, we then evaluate if and to what extent the various ways proposed by European institutions to value IP fit with the provisions of the UPCA. We find that in situations where courts have all the necessary information required to determine damages, the IP valuation methods are a very useful tool in determining damages. It can however be expensive to obtain the necessary data to adequately determine damages.


The author has history with the EPO. From his LinkedIn account:

A changing climate: the IP landscape of clean energy technologies

Oxford Journal of Intellectual Property Law and Practice

2012

This article is a review of a report titled 'Patents and Clean Energy Technologies: Bridging the Gap between Evidence and Policy', published in 2010 by the European Patent Office and the International Centre for Trade and Sustainable Development.


Maybe the apple does not fall far from the tree after all...

Either way, UPC lobbying can be seen elsewhere. "Both the UPC’s Court of Appeal and Registry will be in Luxembourg," Bristows' Brian Cordery wrote a couple of days ago. No, there's no "will" (at best "would") because there's no UPC, but Team UPC does not care about facts and truths. A "unitary" patent system would mean more lawsuits, hence more money for such litigators. They just keep pushing fake predictions to mislead clients and politicians, hoping that they would ratify things hastily, in a great rush, even recklessly.

"They just try to give the public or the "users" the mere impression that they get to decide."What about the EPO itself? Well, yesterday (for the second time in a week) it said: "Our online consultation on the proposed revised Rules of Procedure of the Boards of Appeal will close on 30 April. To take part go to http://bit.ly/2nDHz6V" (that's the direct link, but be aware that it's an epo.org link).

"What makes Battistelli so dangerous is that he very routinely breaks the law and always gets away with it."They just try to give the public or the "users" the mere impression that they get to decide. On Boards of Appeal, however -- like anything else at the EPO -- management doesn't care what anyone but Battistelli thinks. If Battistelli ever saw the UPC (he would never see it, not from within the EPO anyway), there would be no Boards of Appeal left at all. He tries to make them completely obsolete while maintaining not an impression of independence but an perception that he gives a damn about the EPC. What makes Battistelli so dangerous is that he very routinely breaks the law and always gets away with it.

Recent Techrights' Posts

Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
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
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
 
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
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
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
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