Bonum Certa Men Certa

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

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.

Recent Techrights' Posts

Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
 
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock