| Media Ownership Rules |
7/16. Rep. Billy
Tauzin (R-LA) and Rep.
John Dingell (D-MI), the Chairman and ranking Democrat on
the House Commerce Committee, sent a letter
to members of the House of Representatives regarding the Federal Communications Commission's
media cross ownership and multiple ownership rules. On July
17, the House is scheduled to vote on HR
2500, a bill to make appropriations for FY 2002 for the
Departments of Commerce, State, and Justice, for the
Judiciary, and related agencies. The FCC's appropriation is a
part of this bill. On July 16 the House Rules Committee
adopted an open rule
for consideration of this bill. Rep. David Obey (D-WI)
is likely to offer an amendment that would prevent the FCC
from modifying its media cross ownership and multiple
ownership rules. Reps. Tauzin and Dingell oppose Rep. Obey's
amendment.
The Senate Commerce
Committee, now chaired by Sen. Ernest Hollings
(D-SC), will hold a hearing on media concentration on July 17
at 9:30 AM. In addition, Sen. Hollings may introduce a bill
that would prevent the FCC from eliminating ruled that limit
the size of media companies until it has conducted a study of
the market. |
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| Comdisco Sells Technology
Services to HP and Files Chapter 11 |
| 7/16. Comdisco
announced that "it has reached a definitive agreement
with Hewlett-Packard Company
to sell substantially all of its Availability Solutions
(Technology Services) business for $610 million."
Comdisco also announced that it and its U.S. subsidiaries have
filed a Chapter 11 bankruptcy petition in U.S. Bankruptcy
Court (NDIll).
See, Comdisco
release and HP
release. |
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| Antitrust Division Takes No
Action Against Homestore |
| 7/16. Homestore.com
announced that it has been notified by the Department of Justice
that the DOJ has concluded its inquiry into certain business
activities of Homestore, and that no enforcement action is
necessary. See, Homestore
release. |
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| Tegal v. Tokyo Electron |
| 7/16. The U.S.
Court of Appeals (FedCir) issued it opinion in Tegal
Corp. v. Tokyo Electron, a consolidation of
three appeals in patent litigation regarding plasma reactors,
which are used in the fabrication of semiconductor devices.
The issues on appeal included right to jury trial, invalidity
for obviousness, invalidity for being anticipated,
enforceability, willful infringement, and attorneys fees. The
Court of Appeals vacated and remanded. |
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| New Documents |
GAO:
report
re Commerce Department, 7/16 (PDF, GAO).
CompTel:
report
on structural separation of ILECs, 7/14 (PDF, CompTel).
USCA:
opinion
in Michigan Bell v. Engler re Michigan Telecom Act of 2000,
7/13 (HTML, USCA).
Tauzin:
letter
to Member of Congress re media ownership rules, 7/16 (HTML,
HCC). |
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| About Tech Law Journal |
Tech Law Journal is a free access web site
and e-mail alert that provides news, records, and analysis of
legislation, litigation, and regulation affecting the computer
and Internet industry. This e-mail service is offered free of
charge to anyone who requests it. Just provide TLJ an e-mail
address.
Number of subscribers: 1,783, as of July 12, 2001.
Contact: 202-364-8882; E-mail.
P.O. Box 15186, Washington DC, 20003.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998 - 2001 David Carney, dba Tech Law Journal. All
rights reserved. |
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| Fed Circuit Vacates
District Court Judgment on Freeny Patent |
7/13. The U.S.
Court of Appeals (FedCir) issued its opinion in Interactive
Gift Express v. Compuserve, an en banc
rehearing of an appeal of a judgment of noninfringement of U.S.
Patent No. 4,528,643. This patent, also known as the
Freeny patent, discloses a system for reproducing information
in material objects at point of sale locations. Plaintiff
asserts that it applies to sales over the Internet of
software, books, and music. The District Court entered a
judgment of noninfringement. The Court of Appeals vacated and
remanded.
Plaintiff, Interactive Gift Express, which is now known at
E-Data Corp., filed a complaint in U.S. District Court (SDNY)
against numerous software, publishing, and bookstore companies
alleging infringement of the Freeny patent by selling software
and documents via the Internet.
The Feeny patent defines the following invention: "A
method for reproducing information in material objects
utilizing information manufacturing machines located at point
of sale locations, comprising the steps of: providing from a
source remotely located with respect to the information
manufacturing machine the information to be reproduced to the
information manufacturing machine, each information being
uniquely identified by a catalog code; providing a request
reproduction code including a catalog code uniquely
identifying the information to be reproduced to the
information manufacturing machine requesting to reproduce
certain information identified by the catalog code in a
material object; providing an authorization code at the
information manufacturing machine authorizing the reproduction
of the information identified by the catalog code included in
the request reproduction codes; and receiving the request
reproduction code and the authorization code at the
information manufacturing machine and reproducing in a
material object the information identified by the catalog code
included in the request reproduction code in response to the
authorization code authorizing such reproduction."
The Appeals Court held that the District Court erred in at
least one aspect of its construction of each of the five claim
limitations upon which the judgment of noninfringement was
based. The Appeals Court vacated and remand for further
proceedings consistent with the claim construction provided in
the opinion. |
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| Michigan Bell v. Engler |
| 7/13. The U.S.
Court of Appeals (6thCir) issued its opinion
in Michigan
Bell v. Engler, a challenge to a Michigan
statute abolishing the end user common line charge on phone
customers. Phone companies filed a complaint in the U.S.
District Court (EDMich)
challenging § 310(7) of the Michigan Telecommunications
Act (MTA) of 2000. The District Court denied Plaintiffs'
request for a preliminary injunction of § 310(7).
However, the District Court enjoined another provision of the
MTA, § 701, which froze certain regulated telephone
rates at their May 1, 2000 level until December 31, 2003. The
phone companies appealed, and Michigan cross appealed. The
Court of Appeals affirmed the District Court's order
preliminarily enjoining § 701, and reversed its order
denying the motion to enjoin § 310(7). |
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| People and Appointments |
7/16. Susan
Creighton will join the FTC's Bureau of Competition,
which handles antitrust matters. She is currently a partner in
the law office of Wilson Sonsini.
She focuses on intellectual property and antitrust issues. She
is best known for co-authoring with Gary Reback a white paper
regarding antitrust matters relating to Microsoft that
preceded action by the Antitrust
Division of the Department of Justice against Microsoft.
She has also represented Orbitz, VISX, Lexis Nexis, and
Autodesk in federal antitrust matters, and Borland and Octel
in intellectual property matters.
7/16. Christopher Libertelli was named Legal Counsel to
the FCC's Common Carrier
Bureau Chief, Dorothy Attwood. He will focus on local
competition, broadband deployment, and antitrust merger
reviews. He joined the FCC in 1999. Previously, he was an
associate in the Washington DC office of the law firm of Dow Lohnes & Albertson.
7/16. Stephen Crimmins joined the Washington DC and New
York City offices of the law firm of Holland & Knight as a
partner in its securities litigation practice. He was Deputy
Chief Litigation Counsel in the SEC's
Division of Enforcement until July 13, 2001. See, SEC release. |
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| Tuesday, July 17 |
The House will meet at 9:00 AM for morning hour and at 10:00
AM for legislative business. Several bills are on the agenda,
including the FY 2002 Appropriations bill for Commerce,
Justice, State, and the Judiciary.
9:30 AM. The Senate
Commerce Committee will hold a hearing to on media
concentration. Room 253, Russell Building.
10:00 AM. Rep. Bob Goodlatte (R-VA) and Rep. Rick Boucher
(D-VA) will hold a press conference to announce the
introduction of Internet tax legislation. Location: Room
2226, Rayburn Building.
10:00 AM. The Senate
Finance Committee will meet to mark up SJRes 16 (re U.S.
Vietnam Trade Agreement), S 643 (re implementation of
agreement establishing a U.S. Jordan Free Trade area), S 942
(re reauthorization of TANF Supplemental Grant program for one
year), and an original committee resolution calling for an
investigation of the importation of certain steel products.
See, notice
[PDF]. Location: 215 Dirksen Building.
12:00 PM. The Congressional Internet Caucus Advisory Committee
will host a panel debates Internet sales taxes, BAT taxes and
moratorium issues. The speakers will be Bill Whyman (The
Precursor Group), Jeff DeBoer (Real Estate Roundtable), Frank
Julian (Federated Department Stores), Michael Mazerov (Center
on Budget & Policy Priorities), Grover Norquist (Americans
for Tax Reform), Art Rosen (Coalition for Responsible &
Fair Taxation), Frank Shafroth (National Governors
Association). Lunch will be served. RSVP to Danielle at RSVP@netcaucus.org or
202-638-4370. Location: Room SC-5, U.S. Capitol Building.
3:00 PM. EU Commissioner for Trade Pascal Lamy will
give a speech titled "The New WTO Round: The European
Point of View." Location: Zenger Room, National Press Club, 529 14th
St. NW, 13th Floor, Washington DC. |
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| Wednesday, July 18 |
10:00 AM. The Senate
Judiciary Committee will hold a hearing on Federal Bureau of Investigation
management reform issues. Location: Room 226, Dirksen
Building.
10:00 AM. The House
Judiciary Committee will hold a mark up session. The
agenda includes HR 2047, the Patent and Trademark Office
Authorization Act of 2002. Location: Room 2141, Rayburn
Building.
10:00 AM - 12:00 NOON. The U.S. International
Telecommunication Advisory Committee Telecommunication
Development Sector (ITAC-D) will hold a public meeting. 48
hour pre-clearance is required. See, notice
in Federal Register, July 16, 2001, Vol. 66, No. 136, at Pages
37086 - 37087. Location: Room 2533A, Department of State, 2201
C Street, NW, Washington DC.
12:15 PM. The Federal
Communications Bar Association's Mass Media Practice
Committee will host a brown bag lunch with Roy Stewart and the
FCC's Mass Media Bureau's front office. RSVP to Tami Smith of Sidley & Austin at
202-736-8257. Location: FCC, Second Floor South Conference
Room, 445 12th Street, SW, Room TW-C305, Washington DC.
2:00 PM. The House
Judiciary Committee will hold a hearing on HR 1410, the
Internet Tax Moratorium and Equity Act. Location: Room 2141,
Rayburn Building. |
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