| House Passes Patent Bills |
9/5. The House passed by voice votes three non controversial
intellectual property related bills -- HR
1866, HR
1886, and HR
2048. HR 1866 overturns the 1997 opinion of the U.S. Court of Appeals (FedCir)
in In
Re Portola Packaging, in which the Court held that the
restriction on the scope of patent reexaminations to
"substantial new questions" precludes the
consideration of prior art that was before the examiner. The
key language of the HR 1866 amends 35 U.S.C. §§ 303(a) and
312(a). It adds the following: "The existence of a
substantial new question of patentability is not precluded by
the fact that a patent or printed publication was previously
cited by or to the Office."
HR 1886 affords all participants, including third party
requesters, in reexamination proceedings, judicial review
before federal appeals courts. HR 2048 requires the Attorney
General to submit a report to the House and Senate Judiciary
Committees regarding the effectiveness of State Justice
Institute operations. |
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| USPTO News |
9/5. The USPTO published
a notice
in the Federal Register regarding its notice of proposed
rulemaking (NPRM) pertaining to requirements for claiming the
benefit of prior filed applications under 18 month publication
of patent applications. Comments are due by October 5, 2001.
See, Federal Register, September 5, 2001, Vol. 66, No. 172, at
Pages 46409 - 46415.
9/5. The USPTO published
the September issue of the PTO
Pulse in its web site. |
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| Shapiro Named Interim US
Atty for ND California |
| 9/5. The Department of Justice announced the appointment of
David Shapiro as the interim United States Attorney for the
Northern District of California. See, USAO
release. |
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| Report Opposes New Privacy
Legislation |
9/5. The Pacific
Research Institute released a report
titled "Consumer Privacy: A Free Choice Approach."
The report concludes that "New laws governing the
collection of consumer information are not needed to bolster
electronic commerce, protect businesses from state government
legislation, or to emulate other countries. Instead, new
information restrictions would usurp consumer choice, drive up
prices for consumers, and strangle business, especially small
business, with red tape."
The report, which was written by Sonia Arrison, also concludes
that "The FTC's Fair Information Practice Principles (FIPPs)
are unnecessary, costly, and, worst of all, may wind up giving
consumers less privacy. One of the worst potential
unintended consequences of the FIPPs is that consumers, under
the impression that the government is protecting them, will
lose interest in the technologies that protect privacy." |
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| California Court Rejects
Filed Rate Doctrine Defense in Slamming Case |
9/5. The California
Court of Appeal (3rd) issued its opinion
[PDF] in Lovejoy
v. AT&T, a slamming case.
Lovejoy filed a complaint in California state court against
AT&T alleging fraud in connection with the unauthorized
switching of a telecommunications carrier. Lovejoy alleged
that AT&T falsely asserted that he had authorized the
switching of his 800 service, and then terminated the service,
reassigned his number, and ruined his business. AT&T moved
for judgment on the pleadings, arguing that the conduct
plead by Lovejoy does not constitute actionable fraud, and
that the action is barred by the filed rate doctrine. The
trial court dismissed the case based in its interpretation of
the law of fraud. Lovejoy appealed. The Court of Appeal,
addressing both the fraud issues and the filed rate doctrine,
reversed and remanded. |
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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: 2,018.
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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| Insider Trading Cases |
9/4. Malcolm Wittenberg plead guilty in U.S. District Court (NDCal)
to one count of insider trading, in violation of 15 U.S.C.
§§ 78j and 78ff. The Plea
Agreement [PDF] states that Wittenberg learned of a
pending merger of Sun
Microsystems and Forte Software in the course of his
representation of Forte. He then traded in Forte Software
stock. Wittenberg admitted that he used material, non public
information when he purchased stock in Forte Software. The
plea agreement also states that Wittenberg at all relevant
times was an attorney and partner in the San Francisco office
of the Oakland law firm of Crosby Heafey Roach &
May. The firm web site lists him as "of
counsel". It further states that he "currently
represents clients in all aspects of acquiring and protecting
patents and trademarks. He also has extensive experience in
technology licensing and product distribution, representing
clients in both domestic and international transactions."
See also, April 16, 2001 two count indictment
[PDF] and September 4, 2001 USAO
release.
8/27. A jury of the U.S.
District Court (CDCal) convicted Craig Smith of
obstructing an investigation by the SEC into
alleged insider trading of stock in Ancor Communications. See,
SEC
release. |
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| Video Competition and
Broadband Internet Access |
9/5. September 5 was the deadline to file reply comments
with the FCC in its Notice of Inquiry (NOI) regarding video
competition. The NRTC
submitted a comment
[PDF] in which it stated the "the cable industry is
limiting its broadband offerings almost exclusively to
metropolitan areas" and that "Satellite distribution
technology -- not cable -- represents the best option
available to provide High speed Internet Access as well as
local television service throughout rural America." It
further argued that the FCC should take steps to promote
access in rural areas. Similarly, Northpoint and Broadwave jointly
submitted a comment
[PDF] in which they argued that the multichannel video program
distribution (MVPD) "marketplace is currently bereft of
competitive alternatives" and that DBS providers and
others are trying to delay deployment of Northpoint's
technology, which they assert will provide MVPD, local TV, and
broadband Internet access to rural areas at affordable prices.
The NCTA
submitted a comment
[PDF] in which it concluded that "Despite the annual
protestations of competitors seeking artificial regulatory
boosts from the Commission, the evidence of full and effective
competition among providers of video programming is
compelling. Competition has arrived, it is here to stay, and
the Commission should say so ..." AT&T submitted a comment
[PDF] in which it argued that the MVPD market is not dominated
by cable.
On June 20, 2001 the FCC adopted a NOI into the status of
competition in the market for the delivery of video
programming. The FCC stated in a release
that "The NOI seeks information that will allow the FCC
to evaluate the status of competition in the video
marketplace, prospects for new entrants to that market, and
its effect on the cable television industry and consumers. The
NOI also solicits information regarding the extent to which
consumers have choices among video programming distributors
and delivery technologies." See, CS Docket No. 01-129. |
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| Internet Crime |
| 9/4. A grand jury of the U.S. District Court (CDCal)
returned an indictment against Gregory Howearth for interstate
travel for the purpose of having sez with a minor and use of
the Internet to entice a minor to engage in illegal sezual
activity. Howearth had communicated in an Internet chat room
with an undercover law enforcement officer who posed as a
thirteen year old. See, USAO
release. |
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| Kermit the
Frog Joins FCC |
9/5. The FCC announced that "The Hallmark Channel, in
association with The Jim Henson Company, has donated the
Kermit the Frog image to the FCC for use in a promotional
campaign to bring attention to the availability of the
V-Chip."
 Meanwhile, Gloria Tristani's last day at the FCC
is Friday, September 7. She has chaired the FCC's V-Chip Task
Force since its creation in May of 1999, and has served as the
FCC's spokesman for the V-Chip. See also, FCC V-Chip page.
Commissioner Tristani stated that "The critical next step
for the V-Chip is creating greater awareness among parents of
the V-Chip technology and the ratings system for television
programming." Her replacement was not immediately
available for comment. |
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| Thursday, Sept 6 |
9:30 AM. The House Government Reform Committee's Technology
and Procurement Policy Subcommittee will hold a hearing titled
"Public Service for the 21st Century: Innovative
Solutions to the Federal Government's Technology Workforce
Crisis." Location: Room 2154, Rayburn Building.
9:30 AM. The U.S.
Court of Appeals for the District of Columbia Circuit will
hear oral argument in Verizon v. FCC, No. 00-1207.
Judges Ginsburg, Edwards and Sentelle will preside. Location:
333 Constitution Ave., NW, Washington DC.
9:30 AM. The U.S.
Court of Appeals for the District of Columbia Circuit will
hear oral argument in National Association of Broadcasters
v. FCC, No. 00-1054. Judges Henderson, Rogers and Tatel
will preside. Location: 333 Constitution Ave., NW, Washington
DC.
10:00 AM. The Senate
Judiciary Committee will hold an executive business
meeting. Location: Room 226, Dirksen Building. |
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| Friday, Sept 7 |
9:30 AM. The U.S.
Court of Appeals for the District of Columbia Circuit will
hear oral argument in Fox v. FCC, No. 00-1222. Judges
Ginsburg, Edwards and Sentelle will preside. Location: 333
Constitution Ave., NW, Washington DC.
POSTPONED. 9:30
AM. The House
Commerce Committee's Subcommittee on Telecommunications
and the Internet has scheduled a hearing titled "Area
Code Exhaustion: Management of Our Nation’s Telephone
Numbers." Location: Room 2123, Rayburn Building.
9:30 AM - 12:00 Noon. The FCC's Office of Engineering and
Technology (OET) will host the first of two tutorials on
new spectrally efficient techniques. Location: FCC, Commission
Meeting Room, 445 12th Street, Room TW-C305, Washington DC.
1:30 - 3:00 PM. The FCC's Office
of Engineering and Technology (OET) will host the second
of two tutorials on new spectrally efficient techniques.
Location: FCC, Commission Meeting Room, 445 12th Street, Room
TW-C305, Washington DC.
Deadline to submit comments to the USPTO in
response to its notice
of proposed rulemaking regarding elimination of continued
prosecution application practice as to utility and plant
patent applications. The notice stated that the AIPA
enacted provisions for the continued examination of a utility
or plant application at the request of the applicant, and
therefore, "there no longer appears to be a need for
continued prosecution application (CPA) practice as to utility
and plant applications. Thus, the Office is proposing to
eliminate CPA practice as to utility and plant applications.
An applicant for a utility or plant patent may also continue
to effectively obtain further examination of the application
by filing a continuing application under section 1.53(b).
Since RCE practice does not apply to design applications, CPA
practice will remain in place for design applications."
See, Federal Register, July 9, 2001, Vol. 66, No. 131, at
Pages 35763 - 35765. |
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| Monday, Sept 10 |
9:30 AM. The U.S.
Court of Appeals for the District of Columbia Circuit will
hear oral argument in High Plains Wireless v. FCC, No.
00-1292. Judges Ginsburg, Edwards and Sentelle will preside.
Location: 333 Constitution Ave., NW, Washington DC.
First day of a two day conference hosted by the International Trademark
Association (INTA) and the National Bar Association
(NBA) titled "Basics of Trademark Law Forum". See, INTA
brochure [PDF] for regisration information, prices, and
agenda. Location: Grand Hyatt Washington, 1000 H Street NW,
Washington DC.
FCC Wireless
Telecommunications Bureau (WTB) fees changes go into
effect. See, WTB
release.
Deadline to submit comments to the FCC regarding SBC's Section 271 application
to provide interLATA service in the states of Arkansas and
Missouri. (CC Docket No. 01-194.) See, FCC
notice [PDF]. |
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| On the Hill |
9/5. The Senate
Intelligence Committee cancelled its hearing on the information
leak provisions of the FY 2002 Intelligence Authorization
Bill.
9/4. The Senate
Finance Committee reported S 643,
a bill to implement the agreement establishing a U.S.
Jordan free trade area. See, Rept. No. 107-59. |
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