| Overture Sues Google for
Patent Infringement |
4/5. Overture filed a
complaint in U.S. District Court (CDCal)
against Google alleging
infringement of its U.S.
Patent No. 6,269,361. This 361 patent is titled
"System and method for influencing a position on a search
result list generated by a computer network search
engine".
Overture, which was formerly known as GoTo.com, operates an
Internet search engine which allows advertisers to bid for
placement in search results. It wrote in its 2001 10-K report
to the Securities and Exchange Commission, that "Overture
operates an online marketplace that introduces consumers and
businesses who search the Internet to advertisers that provide
products, services and information. Advertisers participating
in our marketplace include retail merchants, wholesale and
service businesses and manufacturers. Overture facilitates
these introductions through our search service, which enables
advertisers to bid in an ongoing auction for priority
placement in our search results after editorial approval.
Priority placement means that the search results appear on the
page ranked in descending order of bid price, with the highest
bidder's listing appearing first. Each advertiser pays
Overture the amount of its bid whenever a consumer or business
clicks on the advertiser's listing in our search
results." |
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| GAO Reports on XML Use by
Government |
4/5. The General Accounting
Office (GAO) released a report [73
pages in PDF] titled "Electronic Government: Challenges
to Effective Adoption of the Extensible Markup Language".
The Extensible Markup Language (XML) is described in the
report as "a flexible, nonproprietary set of standards
for annotating or ``tagging´´ information so that it can be
transmitted over a network such as the Internet and readily
interpreted by disparate computer systems."
The report states that "While XML's technical standards
-- such as specifications for tagging, exchanging, and
displaying information -- have largely been worked out by
commercial standards setting organizations and are already in
use, equally important business standards are not as mature
and may complicate nearterm implementation. For example,
standards are not yet complete for (1) identifying potential
business partners for transactions, (2) exchanging precise
technical information about the nature of proposed
transactions so that the partners can agree to them, and (3)
executing agreed upon transactions in a formal, legally
binding manner. Many standards setting organizations in the
private sector are creating various XML business standards,
and it will be important for the federal government to adopt
those that achieve widespread acceptance. However, it is not
yet clear which business standards meet this criterion."
The report further finds that "No explicit governmentwide
strategy for XML adoption has been defined to guide agency
implementation efforts and ensure that agency enterprise
architectures address incorporation of XML" and that the
"needs of federal agencies have not been uniformly
identified and consolidated so that they can be represented
effectively before key standards setting bodies." Also,
the report finds that the "government has not yet
established a registry of government unique XML data
structures (such as data element tags and associated data
definitions) that system developers can consult when building
or modifying XML based systems."
The report recommends that "Given the statutory
responsibility of OMB
to develop and oversee governmentwide policies and guidelines
for agency IT management, we recommend that the director of
OMB, working in concert with the federal CIO Council and NIST, develop a strategy for
governmentwide adoption of XML to guide agency implementation
efforts and ensure that the technology is addressed in agency
enterprise architectures."
The report further recommends that this strategy should
develop "a process with defined roles, responsibilities,
and accountability for identifying and coordinating government
unique requirements and presenting consolidated, focused input
to private sector standards setting bodies during the
development of XML standards." The report also recommends
that the strategy should develop "a project plan for
transitioning the CIO Council's pilot XML registry effort into
an operational governmentwide resource." Finally, the
report recommends that this strategy should develop
"policies and guidelines for managing and participating
in the governmentwide XML registry, once it is operational, to
ensure its effectiveness in promoting data sharing
capabilities among federal agencies."
Sen. Joe Lieberman
(D-CT), Chairman of the Senate Governmental
Affairs Committee, requested the report. David McClure,
the GAO's Director of Information Technology Management
Issues, wrote the report. See, also, the World Wide Web Consortium's
(W3C) XML web page. |
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| USTR Releases Report on
Barriers to Trade |
4/2. The U.S. Trade
Representative (USTR) issued its annual report
titled "2002 National Trade Estimate Report on Foreign
Trade Barriers". See also, USTR
release.
This report details on a nation by nation basis, among other
things, the extent of protection of intellectual property
rights; tariff barriers to the import of semiconductors,
computers, computer parts, software, and telecommunications
equipment; regulation of Internet content, ISPs, encryption,
and e-commerce; and dominant telecom carrier protection by
national regulators.
See, in particular, the report's chapter
[35 pages in PDF] on the European Union, chapter
[29 pages in PDF] on the People's Republic of China, chapter
[45 pages in PDF] on Japan, and chapter
[9 pages in PDF] on Mexico. However, the USTR report
contains no chapter summarizing barriers to trade imposed by
the United States.
USTR Robert
Zoellick stated in a release
that "By identifying barriers to trade, we can work with
our trading partners, globally, regionally, and bilaterally,
to eliminate these barriers, while further liberalizing our
market at home. Trade improves the economic well being of
Americans, advances freedom around the world, and promotes our
nation's security." |
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| 1st Circuit Rules in
Cellular Roaming Dispute |
4/5. The U.S.
Court of Appeals (1stCir) issued its opinion
in Movistar
v. Sprint, a dispute pertaining to a wireless
communications roaming agreement. The Appeals Court reversed a
District Court preliminary injunction against Sprint.
Background. Sprint is a large telecommunications
carrier with wireless customers throughout the United States.
Movistar is a small local carrier with approximately 190,000
customers in Puerto Rico. Sprint and Movistar signed the
roaming agreement in 1999. Movistar had little understanding
of Signal IDs (SIDs) and Preferred Roaming List (PRLs), which
are essential to the operation of wireless networks. The PRL
is a computer program installed in the subscriber's handset so
that the handset will search for known SIDs in rank order and
connect to the first available signal. Movistar relied upon
Sprint and its handset manufacturer to write and install the
PRL.
In short, Sprint wrote a PRL for Movistar which included
Sprint's Virgin Islands SID (5142) in the Puerto Rico basic
trading area (BTA). When Sprint subsequently initiated service
in Puerto Rico, using the 5142 SID, this caused many Movistar
subscribers, when calling within Puerto Rico, to roam onto the
Sprint network, and incur higher charges.
District Court. Movistar filed a complaint in U.S.
District Court (DPR) against Sprint alleging tortious
interference with the contractual relationship between
Movistar and its subscribers, and violation of a good faith
covenant contained in the roaming agreement. Federal
jurisdiction is based upon diversity of citizenship. The
applicable law is that of Puerto Rico. The District Court
issued a preliminary injunction against Sprint barring it from
broadcasting the 5142 SID in Puerto Rico.
Appeals Court. The Appeals Court reversed, on the basis
that Movistar had not demonstrated a likelihood of success on
the merits. However, it added that "Movistar may
ultimately succeed on some or all of its claims once the
evidence is fully developed". |
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| Federal Circuit Opinions |
4/2. The U.S.
Court of Appeals (FedCir) issued its opinion in Enzo
Biochem v. Gen-Probe, a patent infringement
case. Enzo Biochem is the assignee of U.S.
Patent No. 4,900,659, which is directed to nucleic acid
probes that selectively hybridize to the genetic material of
the bacteria that cause gonorrhea. Enzo filed a complaint in U.S.
District Court (SDNY) against Gen-Probe and others
alleging patent infringement. The District Court granted
defendants' motion for summary judgment that claims 1-6 of the
659 patent are invalid for failure to meet the written
description requirement of 35 U.S.C.
§ 112. The Appeals Court affirmed, 2-1.
4/2. The U.S.
Court of Appeals (FedCir) issued its opinion in Griffin
v. Bertina, an appeal from the decision of the
U.S. Patent and Trademark Office Board of Patent Appeals and
Interferences awarding judgment in an interference to the
senior party, Bertina. The Appeals Court affirmed.
4/2. The U.S.
Court of Appeals (FedCir) issued its opinion in Leggett
& Platt v. Hickory Springs, a patent
infringement and misappropriation of trade secrets case.
Leggett & Platt (L&P) is the assignee of U.S.
Patent No. 5,052,064, titled "Stackable bedding
foundation". L&P filed a complaint in U.S.
District Court (NDIll) against Hickory Springs alleging
patent infringement, inducing third parties to infringe,
tortious interference with contract, and misappropriation of
trade secrets. The District Court ruled that Hickory did not
infringe the patent, either literally, or under the doctrine
of equivalents. It also held that Hickory did not
misappropriate trade secrets. The Appeals Court affirmed in
part (literal infringement), and reversed in part (doctrine of
equivalents and misappropriation of trade secrets), on the
grounds that material issues of fact exist.
4/3. The U.S.
Court of Appeals (FedCir) issued its opinion in Ecolab
v. Paraclipse, a patent infringement case.
Ecolab filed a complaint in U.S.
District Court (DNeb) against Paraclipse alleging
infringement of its U.S.
Patent No. 5,365,690 titled "Flying insect trap using
reflected and radiated light. The jury returned a verdict of
noninfringement. The Appeals Court affirmed in part, reversed
in part, and remanded for a new trial. |
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| More News |
4/4. Commerce Secretary Donald
Evans announced that representatives of 15 companies will
join him on a business development mission to Beijing and
Shanghai, China, on April 21-25. Several tech companies will
send representatives including Applied Materials
(EVP David Wang), Borland
Software (SVP/GC Keith Gottfried), Lucent (James Brewington),
and Motorola (EVP
Robert Barnett). See, release.
4/5. The Recording Industry
Association of America (RIAA) stated that "its
physical anti-piracy efforts in 2001 led to a record number of
arrests, raids, illegal product seizures, guilty pleas and
convictions." It stated that in 2001 more than 230
distribution operations were raided, up from approximately 100
in 2000. Similarly, it stated that more than 145 manufacturing
operations were raided, up from approximately 50 in 2000. It
also stated that number of search warrants issued was up 74%.
See, RIAA
release.
4/5. The Treasury Department
extended the deadline for submitting comments regarding its
study of information sharing practices among financial
institutions and their affiliates, to May 1, 2002. See, notice
in Federal Register, April 5, 2002, Vol. 67, No. 66, at Page
16488.
4/5. Ed Black, P/CEO of the Computer
& Communications Industry Association (CCIA),
criticized the U.S. Postal
Service's ongoing e-commerce activities at a press
conference in Washington DC. He stated that "the rapid
growth of e-commerce has enticed Federal and State governments
to view the Internet and e-commerce as a new platform for
government provided products and services the directly compete
against the private sector. CCIA cannot countenance the
government as a competitor in nascent or even thriving private
sector commercial markets." The other participants
included Leslie Paige (CAGW), Rick Merritt (PostalWatch), Pete
Sepp (National Taxpayers Union), Rob Fike (Americans for Tax
Reform), Ed Hudgins (Objectivist Center), and Jason Thomas
(Citizens for a Sound Economy). See also, CCIA release. |
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| Correction |
| The article titled "District Court Orders DOJ to Expand
Its Search for Carnivore Records", TLJ Daily E-Mail Alert
No. 397, March 27, 2002, contains a hyperlink to the March 25
Memorandum Order issued by the U.S. District Court (DC) in EPIC
v. DOJ, a Freedom of Information Act (FOIA)
suit regarding records pertaining to the FBI's e-mail
surveillance system known as Carnivore. The Order was
transcribed by TLJ from the Court's file, and published in the
TLJ web site. TLJ made an error in transcribing this Order.
The error has been corrected. |
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| Monday, April 8 |
The Senate will return from its Spring District Work Period.
It is scheduled to meet at 3:00 PM. The House will not be in
session.
The Supreme Court of the U.S. is on recess until Monday, April
15.
9:30 AM. The U.S.
Court of Appeals (DCCir) will hear oral argument in Morris
Communications v. FCC, No. 01-1123. Judges Edwards, Tatel
and Silberman will preside. Location: 333 Constitution Ave.
NW. |
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| Tuesday, April 9 |
The House will return from its Spring District Work Period.
It will meet at 2:00 PM for legislative business to consider a
number of measures under suspension of the rules.
8:30 AM. The Global Information
Infrastructure Committee will hold a meeting regarding
Internet use in China. For more information, contact Robert
Rogers at rrogers @giic.org
or 202 261-6572. Location: Winner's Room, National Press Club, 529 14th
St. NW, 13th Floor.
2:00 PM. The House
Financial Services Committee will hold another hearing on HR
3763, the Corporate and Auditing Accountability,
Responsibility, and Transparency Act of 2002. Location: Room
2128, Rayburn Building.
4:00 PM. Margo
Bagley (Emory University School of Law) will give a
lecture titled "Patently Unconstitutional: Geographic
Limitations on Prior Art in a Small World". For more
information, contact Robert Brauneis at rbraun @main.nlc.gwu.edu
or 202 994-6138. Location: George Washington University Law
School, 2000 H Street, NW. |
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| Wednesday, April 10 |
The House will meet at 10:00 AM for legislative business. It
may take up HR
3925, The Digital Technology Corps Act of 2002.
10:00 AM. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
proposed budget for FY 2003 for the FTC.
Location: Room H-309, The Capitol.
10:00 AM - 12:00 NOON. The AEI Brookings Joint Center for
Regulatory Studies will host a panel discussion titled Microsoft:
Making the Punishment Fit the Crime. The participants will
be Robert Hahn
(AEI Brookings), Robert Litan (AEI Brookings), George
Priest (Yale Law School), Steve
Salop (Georgetown Law Center), and Richard
Schmalensee (MIT Sloan School of Management). See, online registration
page. Location: AEI, 12th Floor, 1150 17th Street, NW.
10:30 AM. The Senate
Judiciary Committee's Subcommittee on Antitrust,
Competition, and Business and Consumer Rights will hold a
hearing titled "Dominance on the Ground: Cable
Competition and the ATT Comcast Merger". Sen. Herb Kohl (D-WI) will
preside.
12:00 NOON. The Congressional
Internet Caucus Advisory Committee will host a luncheon
panel discussion on the use of e-learning to train
workers. The scheduled participants include Sen. Conrad Burns (R-MT), Rep. Johnny Isakson
(R-GA), Jerry Berman (Internet
Education Foundation), Rich Moran (Accenture), Daniel
Hamburger (Indeliq),
Greg Priest (SmartForce),
and retired Brig. Gen. Frank Anderson (Defense Acquisition University).
RSVP to RSVP @netcaucus.org
or call Danielle at 202 637-4370. Location: Reserve Officers
Association, 1st and Constitution Ave., NW. |
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| Thursday, April 11 |
The House will meet at 10:00 AM for legislative business.
9:30 AM. The House
Financial Services Committee will hold a meeting to mark
up several bills, including HR
3763, the Corporate and Auditing Accountability,
Responsibility, and Transparency Act of 2002, and HR
3764, a bill to authorize appropriations for the SEC. Location:
Room 2128, Rayburn Building.
10:00 AM. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
proposed budget for FY 2003 for the Office of Homeland
Security. Location: Room 2359, Rayburn Building.
10:00 AM. The House
Ways and Means Committee's Subcommittee on Trade will hold
a hearing on normal trade relations with Russia. Location:
Room 1100, Longworth Building.
11:00 AM. The Cato Institute
will host a book forum on Free
Trade under Fire [Amazon], by Douglas Irwin,
Professor of Economics at Dartmouth. The speakers will be
Irwin, Robert Litan (Brookings) and Steve Clemons (New America
Foundation). Lunch will follow. See, CATO notice.
Location: 1000 Massachusetts Ave., NW.
12:00 NOON - 1:30 PM. The Business
Software Alliance will host its 5th Annual "Talking
Technology" forum luncheon. Mark Forman, Associate
Director for Information Technology and E-Government with the Office of Management and
Budget, will speak. RSVP to Jeri Clausing at 202 530-5127
or jeric @bsa.org.
Location: Reserve Officers Assoc., One Constitution Ave., NE. |
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| Friday, April 12 |
The House will not be in session.
10:00 AM - 12:00 NOON. The American
Enterprise Institute (AEI) will hold a panel discussion
titled Is Open Source the Future of Software? The
participants will be Robert Hahn (AEI
Brookings), James
Bessen (Research on Innovation), David
Evans (NERA), Lawrence
Lessig (Stanford), and Brad Smith (Microsoft). See, AEI online registration
page. Location: AEI, 1150 17th St., NW.
10:00 AM - 12:00 NOON. The National
Commission on Libraries and Information Science (NCLIS)
will hold an open business meeting. See, notice
in Federal Register. Location: NCLIS, 1110 Vermont Ave., NW,
Suite 820.
The FCBA will
host a luncheon. The speaker will be Nancy
Victory, Director of the NTIA. RSVP to Wendy Parish at
wendy @fcba.org by
Tuesday, April 9, at 5:00 PM.
Deadline to submit comments to the FCC regarding
its annual report to Congress regarding progress made in
achieving the objectives of the Open Market Reorganization for
the Betterment of International Telecommunications Act (ORBIT
Act), 47 U.S.C. § 646. The next FCC Orbit Act report is due
to Congress on June 15, 2002. See, FCC
notice [PDF]. |
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