Bonum Certa Men Certa

EPO Looney Tunes – Part 4: G 2/19 - Faites Vos Jeux…

“True peace is not merely the absence of tension: it is the presence of justice.”

--Martin Luther King Jr.



Carl Josefsson

The Chairman of the Enlarged Board, Carl Josefsson



Part 1: EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”? Part 2: EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow Part 3: EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

Summary: "Josefsson needs to bring in the “desired result” for his political masters in the Administrative Council if he wants to be in with a chance of reappointment."

The Chairman of the Enlarged Board, Carl Josefsson, is generally reckoned to be a “safe pair of hands” who does his best to please his political masters.



Most insiders are of the opinion that he is unlikely to advocate or support any course of action which might risk upsetting the apple cart (António Campinos has partial control over his position).

"The decisive question seems to be whether or not Josefsson can persuade a majority of the Board to row in behind him or whether the “contrarians” will carry the day."So it seems like a safe bet that he will do his best to guide the proceedings in a direction that will enable the Board to dodge the awkward third and final “Haar question”.

Failing that, he can be expected to do his best to secure a decision confirming that the holding of oral proceedings in Haar is in compliance with the EPC.

The decisive question seems to be whether or not Josefsson can persuade a majority of the Board to row in behind him or whether the “contrarians” will carry the day.

EBA of EPO

The internal members of the Enlarged Board.
Top row: Legally qualified members, Ingo Beckedorf and Gérard Weiss
Bottom row: Technically qualified members, Gunnar Eliasson (no photo) and Pascal Gryczka



As far as the internal members are concerned, Josefsson can probably safely count on the support of his fellow Swede, the elusive Gunnar Eliasson.

"Eliasson is the Chairman of the Technical Board of Appeal 3.4.03 which is reputed to take a relatively “soft” and “customer-friendly” line on software and business method patenting."Eliasson acted as ad interim Chairman of the Enlarged Board (warning: epo.org link) during the interregnum following the departure of the former Vice-President of DG3, the Dutchman Wim “the Wimp” van der Eijk, who had is reported to have fallen out of grace with Battistelli. In this role Eliasson liased closely with Josefsson during the “handover” period when the latter assumed office as “President of the Boards of Appeal”.

Eliasson is the Chairman of the Technical Board of Appeal 3.4.03 which is reputed to take a relatively “soft” and “customer-friendly” line on software and business method patenting. By all accounts he seems like another managerially compliant “safe pair of hands” who can be depended on to dance to the Chairman’s tune.

The support of the other internal members for Josefsson’s line is less certain because at least some of them are known to have taken management-critical stances in the past.

"As far as the external members are concerned, they are “dark horses” and it is difficult to make any reliable prediction about the position which they might take."Ingo Beckedorf joined the EPO in 2007 and has been a regular legally qualified member of the Enlarged Board of Appeal since 2012. Before joining the Boards of Appeal, he was an attaché de presse 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).

Gérard Weiss, from Alsace, joined the EPO in 1982 as a legal advisor in the Patent Law Department. From 1990 to 2000 he was head of the Administrative Council Secretariat. He moved to the Boards of Appeal in 2001 and has been a legal member of the Enlarged Board since 2010.

Pascal Gryczka, who comes from Freyming-Merlebach in the Moselle region of France close to the German border, is a graduate of the University of Strasbourg (Battistelli works at CEIPI in Strasbourg now) and has been a Chairman of a Technical Board of Appeal since 2011.

EPO external

The external members of the Board.
Jochem Gröning (Germany) and Michael Sachs (Austria)



As far as the external members are concerned, they are “dark horses” and it is difficult to make any reliable prediction about the position which they might take.

These “external members” are members of a national judiciary of an EPO contracting state who are appointed to a panel for a (renewable) term of three years.

"Sachs has a reputation as a bon viveur and is a well known figure among the “champagne set” of Viennese High Society."Jochem Gröning is a judge at the German Federal Court of Justice in Karlsruhe with a solid reputation in legal circles in his home country. He gives the impression that he can be relied upon to weigh up matters in a neutral manner and that he is unlikely to allow himself to be swayed too much by purely political considerations.

Michael Sachs is the Vice-President of the Austrian Federal Administrative Court in Vienna. Sachs has a reputation as a bon viveur and is a well known figure among the “champagne set” of Viennese High Society.

Michael Sachs

Judge Michael Sachs enjoying the good life at a champagne-tasting reception in Vienna



Austrian judicial appointments are notoriously political and the Federal Administrative Court which was established in 2014 is no exception to this general rule.

Michael Sachs is politically connected to the conservative Austrian Peoples’ Party (ÖVP) currently led by the “Wunderknabe” Sebastian Kurz. His colleague Harald Perl, the President of the Federal Administrative Court, is an appointee of the other main political party in Austria, the Socialist Party (SPÖ).

SPO VPO

Tweedledum and Tweedledee?
President of the Federal Administrative Court, Harald Perl (SPÖ)
and Vice-President Michael Sachs (VPÖ)



Since its inception in 2014, the Federal Administrative Court has been dogged by allegations of endemic cronyism and questionable appointments.

"In at least one case, it was confirmed that the Office of the Public Prosecutor in Vienna had opened a formal investigation into allegations of official misconduct."Some disgruntled staff, including judges and lawyers, were sufficiently irritated to set up an “Association against Cronyism” (“Verein gegen Freunderlwirtschaft”) and even went so far as to file a number of criminal complaints about various goings-on which upset them.

In at least one case, it was confirmed that the Office of the Public Prosecutor in Vienna had opened a formal investigation into allegations of official misconduct.

In another case, allegations of abuse of office were raised against members of the Presidium of the Court who had proposed the judicial appointment of Hubert Keyl, a member of the far-right populist Freedom Party (FPÖ) founded by the controversial Jörg Haider and currently led by the equally controversial Heinz-Christian Strache. In that case, allegations were made against both Sachs and Perl who are members of the Presidium.

Coming from an environment where cronyism, intrigue and machination seem to be on the daily menu, Sachs gives the impression of being a much more “political animal” than Gröning who seems to be more of the “legal scholar” type.

"Coming from an environment where cronyism, intrigue and machination seem to be on the daily menu, Sachs gives the impression of being a much more “political animal” than Gröning who seems to be more of the “legal scholar” type."If this impression is correct, then there is a greater probability that Sachs - in contrast to Gröning - might be more susceptible to the influence of political as opposed to strictly legal considerations.

All in all, it would seem to be an easier task to persuade Sachs to row in behind the Chairman and to refrain from supporting any “contrarian” course of action.

Assuming that Josefsson can get the internal member Eliasson and the external member Sachs on his side, then all that he would need for a majority would be to “flip” one of the undecided internal members.

Internal sources suggest that Beckedorf is very much his own man so in the end it all seems to come down to what position Weiss and Gryczka are going to take and whether or not Josefsson can persuade one or both of them to row in behind him.

"Internal sources suggest that Beckedorf is very much his own man so in the end it all seems to come down to what position Weiss and Gryczka are going to take and whether or not Josefsson can persuade one or both of them to row in behind him."If he can, then he will have it in the bag and the “Haar question” can at least be avoided for the time being or - in the best case scenario for Josefsson - if he plays his cards right he might even manage to bury it entirely.

As he is about half-way through his current five-year term of office, it’s clear that Josefsson needs to bring in the “desired result” for his political masters in the Administrative Council if he wants to be in with a chance of reappointment.

This brings the current mini-series of EPO Looney Tunes to a close but we hope to be back with an update in the not too distant future after the Enlarged Board of Appeal has delivered its decision on referral G 2/19.

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day
LWN (Earlier This Week) is GAFAM Openwashing Amplified
Such propaganda and openwashing make one wonder...
Open Source Initiative (OSI) Blog: Microsoft Operatives Promoting Proprietary Software for Microsoft
This is corruption
Libre-SOC Insiders Explain How Libre-SOC and Funding for Libre-SOC (From NLNet) Got 'Hijacked' or Seized
One worked alongside my colleagues and I in 2011
Why We're Revealing the Ugly Story of What Happened at Libre-SOC
Aside from the fact that some details are public already
Removing the Lid Off of 'Cancel Culture' (in Tech) and Shutting It Down by Illuminating the Tactics and Key Perpetrators
Corporate militants disguised as "good manners"
FSF, Which Pioneered GNU/Linux Development, Needs 32 More New Members in 2.5 Days
To meet the goal of a roughly month-long campaign
Lupa Statistics, Based on Crawling Geminispace, Will Soon Exceed Scope of 4,000 Capsules
Capsules or unique capsules or online capsules are in the thousands and growing
Links 24/07/2024: Many New Attacks on Journalists, "Private Companies Own The Law"
Links for the day
Gemini Links 24/07/2024: Face à Gaïa, Emacs Timers for Weekly Event, Chromebook Survives Water Torture
Links for the day
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
A Total Lack of Transparency: Open and Free Technology Community (OFTC) Fails to Explain Why Over 60% of Users Are Gone (Since a Week Ago)
IRC giants have fallen
In the United Kingdom Google Search Rises to All-Time High, Microsoft Fell Nearly 1.5% Since the LLM Hype Began
Microsoft is going to need actual products or it will gradually vanish from the market
Trying to Put Out the Fire at Microsoft
Microsoft is drowning in debt while laying off loads of staff, hoping it can turn things around
GNU/Linux Growing at Vista 11's Expense
it's tempting to deduce many people who got PCs with Vista 11 preinstalled are deleting it, only to replace it with GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 23, 2024
IRC logs for Tuesday, July 23, 2024