05.18.21

The EPO’s War on Justice and Assault on the Law — Part 12: Internal Members: Ingo Beckedorf

Posted in Europe, Patents at 6:38 pm by Dr. Roy Schestowitz

Previously in this series:

Ingo Beckedorf
Ingo Beckdorf is reputed to have shown a credible degree of independence in the past. It remains to be seen what he will do this time around.

Summary: It remains to be seen what Ingo Beckedorf will say about António Campinos outsourcing the courts to another country and denying in-person hearings

In this part we turn our attention to one of the better known internal members of the Enlarged Board (EBA, elevated court) in case no. G 1/21, Ingo Beckedorf.

“Due to this lack of transparency which is typical for the EPO, it’s more or less impossible for outsiders to get a clear picture of what exactly went on behind the scenes in this case.”Beckedorf joined the EPO in 2007 and has been a legally qualified member of the Enlarged Board of Appeal since 2012. Before joining the EPO, he was a press attaché and deputy head of the Office of the European Parliament in Germany (2001-2003) and a judge at the Hanseatic Higher Regional Court of Hamburg (1997-2006).

Beckedorf previously demonstrated an ability to upset the apple-cart in August 2015 when he is reputed to have acted as the legal brain behind the “courtroom revolt” which led to the replacement of the Chairperson in case no. G2301/15.

That case was about the “removal from office” proceedings initiated against the suspended Board member who had been subjected to an unlawful “house ban” by Battistelli in December 2014.

The final decision in case G2301/15 contains the following terse summary of the relevant facts:

XI. On 28 July 2015 the respondent filed an objection against the then chairwoman under Article 24(3) EPC.

XII. On 5 August 2015 the Enlarged Board took an interlocutory decision under Article 24(4) EPC allowing this objection and appointing a new member of the Enlarged Board in her place.

“In June 2015, the Chairman of the Administrative Council Jesper Kongstad – acting in close cooperation with Battistelli – submitted a removal from office request to the Enlarged Board of Appeal.”The interlocutory decision of 5 August 2015 has never been made publicly available – presumably to spare embarrassment to the deposed Chairperson.

Due to this lack of transparency which is typical for the EPO, it’s more or less impossible for outsiders to get a clear picture of what exactly went on behind the scenes in this case.

However, with the assistance of information supplied by EPO insiders, the relevant train of events can be pieced together as follows.

In June 2015, the Chairman of the Administrative Council Jesper Kongstad – acting in close cooperation with Battistelli – submitted a removal from office request to the Enlarged Board of Appeal.

At the same time the Council announced that it would hold an extraordinary meeting in mid-September 2015.

Although the purpose of this extraordinary meeting was not expressly stated, it was clear to those involved that the intention of Kongstad and Battistelli was that the Council should convene to dismiss the suspended Board member.

All that was needed to finalise the arrangements for this little coup de théâtre was for the Enlarged Board to issue a proposal for removal from office in accordance with Article 23 (1) EPC.

“Van der Eijk was supposed to endorse the Council’s request and let the members of the Enlarged Board know what result they were expected to deliver.”After the Council Chairman had submitted his request to the Enlarged Board, Battistelli summoned the Vice-President of DG3 (Wim van der Eijk) and the Chairperson of the Legal Board (Ms Claude Vallet) to his office on the 10th floor of the Isar building in order to “instruct” them on to how to proceed.

Van der Eijk was supposed to endorse the Council’s request and let the members of the Enlarged Board know what result they were expected to deliver. Vallet was told that she would lead the proceedings in the role of Chair of the Enlarged Board.

However, it seems that the other members of the panel entrusted with the case – including Beckedorf – were uncomfortable with the way in which Vallet began to conduct the proceedings.

In particular, they took exception to her overly eager efforts to comply with the timetable set by Battistelli and Kongstad by cutting procedural corners and setting exceedingly tight deadlines for the respondent and – by extension – for the Board itself.

In fact the deadlines were so tight that the other Board members complained that they had insufficient time to conduct a thorough assessment of the written submissions in preparation for the oral hearing.

“They voted to exclude her from the case due to a well-founded suspicion of partiality.”In the end, the other members of the panel lost patience with Vallet and decided to make a stand for procedural fairness. They voted to exclude her from the case due to a well-founded suspicion of partiality.

The proceedings then continued under Beckedorf’s chairmanship and ended with a decision to reject the Council Chairman’s request as inadmissible.

Because of the over-enthusiastic deference and “anticipatory obedience” which she had shown towards her tyrannical compatriot Battistelli, Vallet’s reputation inside the Legal Board is reported to have suffered in the aftermath of the affair. According to the EPO rumour mill, she went into early retirement a few years later in 2018.

When the Council submitted a further “removal from office” request against the suspended Board member at the start of 2016, it seemed likely that the Enlarged Board would also reject this as inadmissible.

“Because of the over-enthusiastic deference and “anticipatory obedience” which she had shown towards her tyrannical compatriot Battistelli, Vallet’s reputation inside the Legal Board is reported to have suffered in the aftermath of the affair.”However, according to reliable inside sources, Kongstad let it be known that if the Enlarged Board declined to admit the request, then its members might encounter “problems” in connection with their re-appointment. This veiled threat was considered to be primarily directed at Beckedorf whose re-appointment was due to be voted on at the upcoming Council meeting in June 2016.

And so – to the great surprise of many external observers – it came to pass that the Enlarged Board declared in May 2016 that the Council’s attempt to re-run the “removal from office” procedure was admissible.

This decision was in clear breach of the principle of double jeopardy and it ignored the fact that the new request from the Council was more or less a carbon copy of the preceding request which had been previously rejected in September 2015.

However – notwithstanding the fact that it had effectively been coerced into admitting the Council’s request – the Enlarged Board signalled that it intended to probe into the details of the case. In particular it announced that it proposed to conduct a witness examination of members of the EPO Investigative Unit in connection with allegations of unauthorised covert surveillance.

“In particular it announced that it proposed to conduct a witness examination of members of the EPO Investigative Unit in connection with allegations of unauthorised covert surveillance.”This did not fit in with Battistelli’s tightly choreographed “roadmap” which foresaw the role of the Enlarged Board as that of a mere rubber-stamping instance whose sole function was to deliver the “results” expected by the Council.

As a result Bastistelli threw one of his notorious tantrums and – apparently without consulting the Council – he proceeded to use EPO funds to hire two top-dollar British QCs from 39 Essex Chambers – Alison Foster (now a High Court Judge) and Colin Thomann – in a desperate last-minute attempt to “cajole” the EBA into rethinking its proposed course of action.

The Enlarged Board’s – perfectly understandable – reaction to Battistelli’s “procedurally irregular intervention” was to declare that its independence was under attack.

When Kongstad refused to distance himself from Battistelli’s actions during the hearing on 14 June 2016 [PDF], the Enlarged Board terminated the proceedings and unceremoniously dismissed the Council’s request for a proposal to remove the suspended member from office.

Due to Battistelli’s clumsy and counter-productive efforts to “nobble” the Enlarged Board and the ensuing negative publicity which irritated many of the Administrative Council delegates, Beckedorf managed to emerge from that affair relatively unscathed. The Administrative Council voted to renew his appointment at its 144th Meeting which took place at the end of June 2016.

“The Administrative Council voted to renew his appointment at its 144th Meeting which took place at the end of June 2016.”Beckedorf’s role in the procedures G2301/15 and G2301/16 demonstrated that he was capable of showing a credible degree of independence and that he wasn’t always prepared to dance to the tune of his political masters when their wishes conflicted with his sense of professional ethics.

But a lot of water has flowed under the Ludwigsbrücke near the EPO headquarters in Munich since those days, and it remains to be seen whether or not Beckedorf proves himself able and willing to swim against the tide in the present procedure G 1/21.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2021/05/18/ingo-beckedorf-explained/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Politicians Need to Crack Down on Microsoft's Monopoly Abuse Amid Yet More Attacks on Linux (Even From the Inside)

    The most abusive 'tech' company (akin to a cult disguised as "software company" since the 1970s) is distracting lawmakers and attacking Linux from the inside; thankfully, those insipid plans of theirs face major backlash from longtime kernel developers and GNU/Linux users



  2. [Meme] Timely Timing?

    There’s a hearing next week and the timing is a bit interesting (journalists away from their desks, most English-speaking lawyers also on holiday)



  3. IRC Proceedings: Wednesday, June 23, 2021

    IRC logs for Wednesday, June 23, 2021



  4. Virtual Injustice -- Part 15: A Pandora's Box... But for Whom?

    EPO insiders suspect that Campinos is trying to supplement the "absentee governance" of the Administrative Council with a new layer of "remote management" based in Alicante



  5. Links 24/6/2021: End of Akademy 2021 and Good News From SCOTUS (About PTAB)

    Links for the day



  6. Links 23/6/2021: TeXmacs 2.1 and Blender LTS Support

    Links for the day



  7. How to Install and Then Use NetSurf as a Web Browser for the User-Centric Web, Not 'GAFAMNet'

    Today we take a quick look at what it's like to actually install NetSurf (some distros, like some Xfce-based ones, are bundled with it); we then take it for a spin



  8. Shifting Back to Fundamentals and Basics of the World Wide Web (and Gemini)

    Gemini protocol or simplified Web might be the way to go; it's easier to maintain, secure, and it's vastly better in terms of performance



  9. First I Came

    Time after time people will be reminded — or learn the hard way — that self reliance and avoidance of disappointment typically requires self-hosting, proper standards, free software, and simplicity, not outsourcing, large frameworks, and other kinds of unnecessary complexity



  10. IRC Proceedings: Tuesday, June 22, 2021

    IRC logs for Tuesday, June 22, 2021



  11. Time for Linus Torvalds to Enforce and Protect His Brand From Misuse by His Employer, the So-called 'Linux' Foundation

    The gross misuse or misapplication of the brand "Linux" is being highlighted in this video about the latest examples. It has gone too far; whether Linus Torvalds wishes to rock the boat that’s the so-called ‘Linux’ Foundation is totally up to him, but it might help if people contact him directly, especially longtime users and proponents of GNU/Linux.



  12. Links 23/6/2021: WordPress 5.8 Beta 3 and More Openwashing by LF

    Links for the day



  13. Links 22/6/2021: KDE Plasma 5.22.2, FreeBSD 13.0 Compared to DragonFlyBSD 6.0

    Links for the day



  14. “Linux Foundation Partners With Microsoft” Again

    Jim "Open Source Loves Microsoft" Zemlin shows (or rears) his face again, and as usual it’s just more promotion of marketing rubbish and openwashing of Microsoft (several new partnerships with Microsoft announced just hours ago)



  15. Links 21/6/2021: NVIDIA’s DLSS and Most Beautiful GNU/Linux Distributions

    Links for the day



  16. Neil's Misgovernment

    The GNOME Foundation has one member of staff fewer; the attack on the founder/father of Free/libre software activism and GNU (the "G" in GNOME) failed and backfired spectacularly



  17. IRC Proceedings: Monday, June 21, 2021

    IRC logs for Monday, June 21, 2021



  18. Virtual Injustice -- Part 14: How Mandatory ViCo Became the “New Normal”

    How mandatory ViCo hearings gradually became the "New Normal" at the EPO



  19. Links 21/6/2021: Rocky Linux 8.4, IPFire 2.25 - Core Update 157, and SUSE Linux Enterprise 15 SP3

    Links for the day



  20. There Are Bigger Scandals Than Revisionism and Brand Dilution at the Linux Foundation

    There are some misconceptions that need tackling; back in February (more than 4 months ago) the so-called 'Linux' Foundation decided to associate with yet another controversial drive that has nothing to do with Linux; some people think it's a new thing and leap to conclusions



  21. Techrights Video Gallery Without JavaScript

    Some of the improvements made this morning to the gallery of recent videos



  22. IRC Proceedings: Sunday, June 20, 2021

    IRC logs for Sunday, June 20, 2021



  23. Links 21/6/2021: Linux 5.13 RC7, IRC.com by Freenode

    Links for the day



  24. Virtual Injustice -- Part 13: Let the Games Continue…

    "It would be nice to think that the events of 28 May have given the Enlarged Board pause for thought."



  25. Links 20/6/2021: Akademy 2021 Underway and Linux Foundation Blasted

    Links for the day



  26. EPO: Fake Patents, Fake (Paid-for) Patent Coverage, and Fake Awards for Public Relations Purposes

    The media has been thoroughly corrupted, patent legitimacy has been severely damaged (far too many European Patents aren't in compliance with the EPC anymore), and Team UPC is trying to undermine the EPC and turn Europe into another Texas



  27. Changes in IRC and New Features Over Gemini Protocol or the World Wide Web

    We examine more closely some of the latest changes in the site and the capsule (Web and Gemini, respectively); we show that it’s possible to keep abreast of IRC using nothing but a text editor, a Gemini client… or even the command line alone



  28. IRC Proceedings: Saturday, June 19, 2021

    IRC logs for Saturday, June 19, 2021



  29. We Need and Deserve a Saner Patent System in Europe

    The laughing stock that the patent system, the patent law firms, and patent media became (over the past few years) must be replaced; at the moment we have a cabal connected to a bunch of criminals running the entire show and the public understandably grows impatient (at least people who are sufficiently informed; the criminals have already intimidated and bribed a lot of the media and they're still bribing more of it, as we shall demonstrate later today)



  30. [Meme] IRC Wars in a Nutshell

    In terms of large IRC networks, we’re in trouble (unless we self-host) because they seem to be dividing themselves along political lines rather than anything technical or something of an on-topic/relevant substance. Using networks for Free software projects/organisations to push one’s political agenda is not acceptable because it’s starting to seem like in IRC space, FN has become the Front Nationale (French) and LC is Liberal Coalition. Both FreeNode and Libera Chat have managed to turn from technical platforms into political parties, in effect using technical networks (intended for technical projects) to push someone's political agenda and thus misusing them for personal gain. There’s no free lunch. As it turns out, FreeNode’s new owner (Andrew Lee) has just outed himself as a huge Donald Trump supporter who speaks of “these fuckers who stole that shit” (he meant the election, which he insists Trump actually won in 2020).


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts