Sept. 6, 2000
8:30 AM ET.
Alert No. 14. |
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Copyright 1998 - 2000 David Carney, dba Tech Law Journal. All rights
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| News Briefs |
9/5. Broadcom President/CEO
Henry Nicholas released a statement
in response to Intel's filing of
a complaint
for patent infringement. He said that "the notion that
we need to misappropriate Intel's technology to compete is nonsense.
It is widely recognized in the industry and investment community
that Broadcom, not Intel, is the leader in digital cable TV, cable
modem, Gigabit Ethernet, home networking, and other key 21st Century
communications IC technologies." He added that "Beyond
rehashing old allegations, the August 30 lawsuit contains a vague
set of generic patent infringement claims that fail to identify even
one specific Broadcom product that allegedly infringes. "
9/5. U.S. District Court Judge Richard Berman (SDNY)
denied defendants' motion to dismiss in Swedenburg v. Kelly,
a constitutional challenge to N.Y. State's statute affecting Internet
alcohol sales. Plaintiffs, two owners of small wineries, and
several wine snobs, are represented by the Institute for Justice. They argue that
N.Y.'s restrictions on interstate wine shipping and communication of
such transactions violate the First Amendment, the Interstate
Commerce Clause, and the Privileges and Immunities Clause. See, IJ
release. See also, Complaint
and TLJ
case summary.
9/5. The FCC reported the
results of its 800 MHz Specialized Mobile Radio Service (SMR)
auction, which was conducted Aug. 16 through Sept. 1. SMR licenses
may be used for mobile wireless data services, remote database
access, mobile telephony, dispatch, inventory tracking, credit card
authorization, vehicle location, two-way paging, and other purposes.
1,030 licenses in 72 economic areas were sold to 14 bidders for a
total of $319 Million. A second 800 MHz SMR auction will commence on
Nov. 1. See, FCC
release and WTB's Auction
Fact Sheet.
9/5. The NTIA released a report
on its TOP grant
program (formerly called TIIAP), titled "Community Connections:
Preserving Local Values in the Information Age." The TOP
program is funded by the Congress at $15.5M for FY2000. Since Greg Rohde
became head of the NTIA in Nov. 1999, the focus of the TOP program
has been the "digital divide". The report reviews on a
grant by grant basis how TOP grants are helping to connect under
served populations, enhance work skills, and increase the capacity
of community-based organizations. See also, NTIA
release.
9/1. The SEC and the U.S.
Attorney in Los Angeles filed civil and criminal complaints against
a former Intel employee named
Brian Pridgeon, and others, for illegal insider trading. The
defendants traded in the securities of Ancor Communications before
the Dec. 7, 1999 public announcement that Ancor was entering into
two significant business transactions with Intel. The SEC's
complaint alleges insider trading, and seeks an injunction,
disgorgement, and civil penalties. The criminal complaint charges
conspiracy and securities fraud. See, SEC release.
Editor's Note: This column includes all News Briefs added to
Tech Law Journal since the last Daily E-Mail Alert. The dates
indicate when the event occurred, not the date of posting to Tech
Law Journal. |
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| New TLJ Stories |
Class
Action Suit Filed Against Internet Wire and Bloomberg over Emulex
Hoax. An Emulex investor filed a class action complaint for
securities fraud in federal court in New York City against Internet
Wire and Bloomberg for republishing false information about Emulex.
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| New Documents |
8/31. Class
Action Complaint in Hart v. Internet Wire, an Emulex hoax
suit (HTML, TLJ).
9/5. Henry Nicholas: Statement
regarding Intel's patent infringement lawsuit (HTML, TLJ).
9/5. NTIA: Community
Connections: Preserving Local Values in the Information Age,
a report on TOP grants (HTML, NTIA).
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| New and Updated Sections |
News from
Around the Web (updated daily).
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| Quote of the Day |
"Finally, we view this lawsuit as just the latest in a
troubling practice by Intel to rely on litigation as a standard
business tactic to slow not only Broadcom but any competitor who
poses a serious threat to Intel in the marketplace. The real victims
of this tactic are our mutual customers and the pace of innovation
in our industry." Henry Nicholas, Pres./CEO of Broadcom
(source). |
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