Bonum Certa Men Certa

Doubt Over Independence of Judges at the EPO Clouds Reason in Deciding Regarding Patents on Life

Judges themselves doubt their own independence (publicly even)

A shocked Battistelli



Summary: With the growing prospect of a Board of Appeal (BoA) having to decide on patentability of CRISPR 'innovation' (more like explanation/discovery), questions linger or persist about judges' ability to rule as they see fit rather than what some lunatic wants

LAST WEEK we wrote two articles in which we mentioned how the EPO's Judge Corcoran was -- without warning -- removed from his office (never to return to it since 2014). Apparently Corcoran's last decision/unfinished work was against a software patent of an EPO partner (maybe a coincidence) and whatever he's accused of -- mainly relaying true information about Team Battistelli -- is something that hundreds if not thousands of other EPO workers could be accused of at the time (many messages had been relayed and were circulating regarding Battistelli and his dodgy 'bulldog' from Croatia).



"Apparently Corcoran's last decision/unfinished work was against a software patent of an EPO partner (maybe a coincidence) and whatever he's accused of -- mainly relaying true information about Team Battistelli -- is something that hundreds if not thousands of other EPO workers could be accused of at the time (many messages had been relayed and were circulating regarding Battistelli and his dodgy 'bulldog' from Croatia)."IP Kat finds no time to cover EPO scandals anymore (we know why). Rose Hughes (Reddie & Grose LLP), however, found time to cover things like this just before the weekend. "Last month," she wrote, "the EPO published it's [sic] sixth ever decision granting a petition for review (R 4/17). Granted petitions for review are notoriously difficult to obtain, as the EPO attempts to balance the need for the legal certainty of Board of Appeal (BoA) decisions, and the right to challenge flagrant violations of EPO procedure."

Well, haven't violations of EPO procedure/s become far too routine under Battistelli? We've lost count of how many such violations of EPO procedures we already covered. Including against BoA...

"Recently, the EPO Opposition Division opposed CRISPR patents, or at least one such patent loosely representative of the whole lot.""Even if has [sic] been summarily dismissed," noted the commenter. "it does not appear that the opposition division did exercise its discretion in an improper way. It look more than a hidden clarity objection. It is in any case doubtful that the proprietor will consent to this ground be introduced in the new appeal procedure."

We remain rather disturbed/worried that after Judge Corcoran had been thrown somewhere (probably in another country, for the mere pretense of minimal compliance with ILO-AT rulings) the EPO's management got away with it. As usual. Above the law.

Recently, the EPO Opposition Division opposed CRISPR patents, or at least one such patent loosely representative of the whole lot. The CRISPR situation at the EPO was covered here almost a dozen times this year, e.g. in [1, 2].

The patent trolls' lobby, IAM, revisited the subject before the weekend when it said:

The University of California – which pioneered the foundational CRISPR Cas-9 methods (though it only developed these for use in bacterial cells) – is seeking to invalidate the Broad Institute’s core US patent for the specific use of CRISPR Cas-9 in plant and animal cells on the grounds that it interferes with its own IP rights.

It claims that the Broad Institute’s innovations were, at the time of application in 2012, merely an obvious application of the technology it had already pioneered and filed a patent for. The Broad Institute denies this, arguing that its invention was non-obvious and therefore separately patentable.


This is the US, where CRISPR patents are already in hot waters. What will the EPO's BoA be able say about CRISPR patents, knowing that a colleague has already been targeted by Battistelli and all the Boards sent to 'exile' in Haar, presumably in an act of collective retaliation (like sending a young student to detention near the door, or office space that is merely rented in a distant suburb)? Judges complain about this publicly. Does anyone pay attention? Perhaps FCC judges?

"What will the EPO's BoA be able say about CRISPR patents, knowing that a colleague has already been targeted by Battistelli and all the Boards sent to 'exile' in Haar, presumably in an act of collective retaliation (like sending a young student to detention near the door, or office space that is merely rented in a distant suburb)?"Let's face it; the EPO is still in a serious crisis -- one that IP Kat is unwilling to speak about any longer (no more than a couple times per year).

Patent maximalists other than IAM meanwhile speak about CAFC's and the Supreme Court's decision in Promega Corp. v Life Technologies Corp.

To quote Patent Docs:

In reversing the Federal Circuit and remanding the case, the Supreme Court, in Life Technologies Corp. v. Promega Corp., determined "that a single component does not constitute a substantial portion of the components that can give rise to liability under ۤ271(f)(1)." As the Supreme Court noted, Life Technologies manufactured all but one component of its kits in the United Kingdom -- manufacturing Taq polymerase in the United States and then shipping the Taq polymerase to its United Kingdom facility to be combined with the other four components of the kit.

[...]

The opinion conceded that "[t]his is an unusual case," noting that "[p]atent owners who prove infringement are typically awarded at least some amount of damages." However, in this case, Promega waived its right to a damages award "when it deliberately abandon[ed] valid theories of recovery in a singular pursuit of an ultimately invalid damages theory." The Federal Circuit therefore concluded that the District Court did not abuse its discretion by declining to give Promega "multiple chances to correct deficiencies in its arguments or the record." As a result, the panel also affirmed the District Court's denial of Promega's motion for a new trial.


It's worth noting that this pertains to the United Kingdom, i.e. Europe. The US gets to decide on patent matters abroad. If that sounds familiar if not worrying, think what the UPC strives to achieve. More so in the context of a seriously deficient legal system where a crazed patent maximalist (Battistelli) exercises (abuse of) power over judges.

Recent Techrights' Posts

When Lunatics Attack Your Family (Especially Women)
The attacks on my wife and my mom are rather revealing. These are acts of extreme misogyny.
Linux is Released Too Often, Tested Insufficiently (Same as Chromium, Firefox, and Systemd)
Driven by schedule, not quality (objective criterion)
 
Don’t Use Disney Minus. (Disney “Plus”)
Reprinted with permission from Ryan Farmer
Links 13/05/2024: Wikimedia Rides Hype Wave, XBox Expected to Go Through More Layoffs This Summer (July)
Links for the day
Gemini Links 13/05/2024: Kingdom of the Dead and Narrative Adventure Game Gem
Links for the day
Visually Enhanced Interviews With ESR and RMS on Free Software (With French)
Nom de code - Linux
IRC Proceedings: Sunday, May 12, 2024
IRC logs for Sunday, May 12, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux Rises to Record High in Macao
iOS and Android are very big there
Debian: Let's Pretend We Never Knew Daniel Pocock
Ad hominem is what happens when the message is hard to dispute
DPL Sam Hartman proves blackmail is alive and well in Debian
Reprinted with permission from disguised.work
What is a safe space?
Reprinted with permission from the Free Software Fellowship
Does Debian deserve an independent news service?
Reprinted with permission from disguised.work
Linux.com So Neglected If Not Abandoned That It Promotes Deals That Expired 4 Weeks Ago
Quite some "stewardship" by the Linux Foundation
The Fall of Meritocracy in Tech
nuff said
Microsoft Has Lost Malta
Android has caught up
In Asia, Baidu Has Become Bigger Than Bing and Yandex is Getting There Too
XBox and Bing are going through existential crises
"Having IBM Next to Your Name is a Scarlet Letter"
IBM staff just motivated not to work
Techrights Browsing Made Easier
a draft for discussion
Links 12/05/2024: XBox Founders Say Microsoft Lost Its Identity
Links for the day
Gemini Links 12/05/2024: Enshitification and Mind Maps
Links for the day
Aside From Red Hat Spam and Partisan Media There's a Lingering Rumour of Layoffs
Some rumour said IBM had second thoughts about a WARN notice and delayed that a bit
The Albanian open source community is very healthy indeed
Windows nosedives from 99.1% to a lot less
When I discovered people trafficking in open source software
Reprinted with permission from Daniel Pocock
Web Sites Hijacked by WIPO on Behalf of Microsoft-Sponsored SPI (and People Looking to Hide Embarrassing Facts)
debian.chat; debiancommunity.org; debian.day; debian.family; debian.finance; debian.giving; debiangnulinux.org; debian.guide; debian.news; debian.plus; debianproject.community; debianproject.org; debian.team; debian.video
Julian Assange on Privacy of People, Even Little Children
Facebook/Google (or GAFAM, an acronym I coined with Assange) knows you better than your mom knows you
[Meme] Miscomprehension of GDPR
Social control in general is a ticking timebomb
In Haiti, the Market Share of Windows Collapsed (From 97% to 27% on Desktops/Laptops)
A couple of months ago Windows was measured at 3.04%
In Most Countries It's Still Possible Not to Have a 'Smartphone' and to Pay for Nearly Everything With Cash
Withdrawing money will be possible as long as enough people use many ATMs (cash machines)
Expect Lots of Material From Daniel Pocock as Election Day Nears
The experiences of Daniel Pocock were an excellent example of reprisal or retribution against either whistleblowers or people who give a voice to whistleblowers
I've Been Promoting Free Software for Over 25 Years
I wrote my first computer program when I was about 14, maybe a little younger (I have visual memory of it)
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year