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Some of the intervenors in this highly controversial matter have raised impartiality concerns.
The European Patent Institute (EPI) was one such organisation to complain. Its most compelling grievance was that BoA president Carl Josefsson, who was involved in the drafting of the original article (Article 15a) allowing for VICO hearings, was due to sit on the EBoA panel hearing the dispute.
The EPI’s
curiae, and its concurrent letter to Josefsson, prompted the EBoA to issue an interlocutory decision changing the composition of the panel.
In the decision, published on May 17, the EBoA found there was a justified fear of partiality in the case of Josefsson, who has now been replaced by EBoA member Fritz Blumer.