10/7. The Computer and Communications Industry Association (CCIA) filed a petition [12 pages in PDF] with the Federal Communications Commission (FCC) requesting that it conduct a rulemaking proceeding to "revise the definition of universal service to provide Lifeline and Link-Up support for low-income consumers' access to broadband".

The petition argues that "There is a national interest in improving broadband subscription rates among low-income Americans."

It states that the FCC's Lifeline and Link-Up subsidy programs "still do not enable qualifying low-income consumers to obtain discounted broadband Internet access services"

It argues that "The FCC should provide technologically and competitively neutral support for broadband through the Lifeline and Link-Up universal service support programs. Such a ruling would direct subsidies to Americans who most need them. Targeted low-income support programs for existing services are more effective at increasing availability of broadband and low-income subscribership than a mandate for free service on some future network that has yet to be built, much less generate commercial revenues that could support service offerings at no charge."

Universal service is a set of tax and subsidy programs administered by the FCC. The Congress has codified the concept of universal service at 47 U.S.C. § 254.

Section 254(c) authorizes the FCC to write regulations that define what services are supported by universal service subsidies.

The statute states that "Universal service is an evolving level of telecommunications services". It also provides that the FCC shall define "the services that are supported"; however, it then refers to "such telecommunications services" that are supported. Then, the statute provides that "only an eligible telecommunications carrier designated under section 214(e) shall be eligible to receive specific Federal universal service support".

Thus, the CCIA requests that the FCC provide subsidies for broadband services, which the FCC has declared to be information services, rather than for telecommunications services, while the statute only authorizes the FCC to provide subsidies for telecommunications services.

Perhaps for this reason the CCIA's petition focuses on the policy arguments in support of its proposals, while offering brief treatment of the statutory authority for what it proposes.

Although, it should be noted that the FCC frequently acts without statutory authority, and already operates universal service programs that cannot be reconciled with plain language of Section 254.

The CCIA petition also comments on proposals regarding the AWS-3 band.

It states that the FCC "currently is considering a ``free´´ broadband requirement for the AWS-3 spectrum band, but CCIA believes that reallocating prime TV band spectrum, the unused ``white spaces´´ between digital TV signals, for wireless broadband use is a more promising way to improve broadband availability and adoption for low-income households, particularly in rural areas. In urban neighborhoods, we think more user-friendly DSL and cable modem availability and computer training is key. We also believe transitioning the universal service programs of Lifeline and Link-up from basic voice connections to broadband is very important."

The AWS-3 band is located at 2155-2175 MHz. The FCC has proposed auctioning this band subject to rules that would require the winner to offer a basic tier of free wireless broadband service that most persons could access. See, Notice of Proposed Rulemaking (NPRM) [86 pages in PDF] adopted on September 7, 2007, and released on September 19, 2007. It is FCC 07-164 in WT Docket No. 07-195. See also, story titled "FCC Releases NPRM for Service Rules for 2155-2175 MHz Band" in TLJ Daily E-Mail Alert No. 1,645, September 25, 2008.

The CCIA petition contains no proposal to subsidize computers or other user equipment.

The CCIA petition offers no predictions regarding the increase in the annual cost of funding the Likeline and Link-Up programs that would result from the CCIA's proposed rules changes.

The CCIA petition addresses only the subsidy side of universal service. It does not address how the increased level of subsidies would be funded.

10/6. The U.S. Court of Appeals (1stCir) released its opinion in In Re Engage, Inc., a bankruptcy case involving the question of whether Massachusetts attorney's lien statute applies to patent prosecution work performed by attorneys.

The Court of Appeals concluded that "the issue should be certified to the Massachusetts Supreme Judicial Court".

Engage, Inc. was an advertising software company. The law firm of Ropes & Gray did patent prosecution work for the company. It then filed a Chapter 11 bankruptcy petition. Ropes & Gray asserted that it was owed money, secured by an attorney's lien under chapter 221, section 50 of the Massachusetts General Laws.

The state lien statute provides that "From the authorized commencement of an action, counterclaim or other proceeding in any court, or appearance in any proceeding before any state or federal department, board or commission, the attorney who appears for a client in such proceeding shall have a lien for his reasonable fees and expenses upon his client's cause of action, counterclaim or claim, upon the judgment, decree or other order in his client's favor entered or made in such proceeding, and upon the proceeds derived therefrom."

At issue is whether a patent prosecution is a "cause of action" or "claim", and whether the issuance of a patent is an "order in his client's favor".

The Liquidating Supervisor thought not, and objected. The U.S. Bankruptcy Court sustained the objection. The U.S. District Court affirmed.

This appeal followed. The Court of Appeals, noting that the Massachusetts high court "has not decided whether the Massachusetts attorney's lien statute applies to patent prosecution work", certified the question to the state court.

The Court of Appeals examined the nature of patent prosecution. It wrote that "Patents are granted by the United States Patent and Trademark Office in potentially multi-staged proceedings which, while not akin to a traditional trial, may take on certain adversarial qualities. Decisions of the Patent Office may be appealed by the applicant or, in some instances, challenged by a third party before the Board of Patent Appeals and Interferences."

It continued that "An applicant may challenge a decision by the Board by appealing to the Federal Circuit, ... or by filing a suit in district court, ... If granted, a patent provides a right to exclude others from practicing an invention. ... This exclusive right is ``a species of property . . . of the same dignity as any other property which may be used to purchase patents.´´ ... A favorable decision by the Patent Office thus provides the applicant with a property interest -- to exclude others from use of the property -- which may itself be sold, and in that sense is independent of the underlying intellectual property. This property interest, even at the stage of a patent application, is freely assignable." (Citations omitted.)

It concluded that while much of this supports Ropes & Gray's argument, the underlying question is still unsettled.

This case is In Re Engage, Inc., U.S. Court of Appeals for the 1st Circuit, App. Ct. No. 08-1257, an appeal from the U.S. District Court for the District of Massachusetts.

10/6. President Bush gave a speech regarding the appointment and confirmation of federal judges and justices. He said that there is now a "broken confirmation process". He asserted that during his first term Senate Democrats first instituted the use of the "filabuster" as a tactic to block nominees. He called on the Senate to confirm his pending nominations during a session after the Presidential election.

He argued that nominees deserve a "simple up or down vote". He also condemned the "ruthlessness" and the "name dragged through the political mud" aspect of some recent confirmation contests.

He also commented on the American Bar Association (ABA). He said that "We should not cede to any one legal association the exclusive power to veto a nominee before he or she can make their case to members of the Senate".

Bush said that "Next month, the Senate will hold a ``lame duck´´ session to finish their legislative business for the year. One item that should be at the top of their agenda is a long list of qualified judicial nominees still waiting for Senate action. If Democrats truly seek a more productive and cooperative relationship in Washington, then they have a perfect opportunity to prove it -- by giving these nominees the up or down vote they deserve."

He mentioned Peter Keisler and Rod Rosenstein by name. Bush has nominated Keisler for the U.S. Court of Appeals (DCCir) and Rosenstein for the U.S. Court of Appeals (4thCir). He also praised Miquel Estrada, who withdrew from consideration in 2003.

Senate Democrats have little incentive to confirm Bush nominees, especially if Sen. Barack Obama (D-IL) wins the Presidential election. If Sen. Obama wins, then all pending Bush nominations will lapse, and those seats will remain open for Democratic appointees.

If Sen. John McCain (R-AZ) wins, then Senate Democrats will lack this disincentive to confirm. Sen. McCain's public speeches on point suggest that he will make nominations similar to those of President Bush.

The history of judicial nominations in recent decades reflects some tit for tat, or reciprocation, across Congresses and administrations. Republicans Senators in any future Democratic administration may treat Democratic nominees in a manner similar to the way that Democratic Senators treated Republican nominees in the present administration. So, if Senate Democrats were to allow votes on pending nominations, Democratic nominees in an Obama or other future Democratic administration might face fewer obstructionist tactics from Senate Republicans.

There is one subject that President Bush did not address in his October 6 speech, and that he has not addressed in prior speeches, or by his nominations -- technology and innovation.

President Bush has appointed very few judges who have primarily practiced in technology related areas or law, or who have written a significant number of opinions or scholarly works about the intersection of law, new technologies and innovation.

President Bush has appointed judges to the Federal Circuit who have a background in patent law. But then, that is a specialized court with jurisdiction over patent appeals. He has also nominated lawyers for Verizon (Judge Paul Crotty, U.S. District Court for the Southern District of New York) and AT&T (Keisler).

Democratic Senators, and interest groups aligned with Democratic Senators, have articulated many reasons for opposing President Bush's nominations. However, the lack of nominees with backgrounds or expertise related to information technology or innovation has not been one of their criticisms.

Sen. Patrick Leahy (D-VT) released a statement in response to President Bush's speech. He said that "During the Bush-Cheney administration, the Supreme Court has been siding with big corporations at the expense of workers, consumers, injured Americans and investors. ... Justices Scalia and Thomas, along with the Bush appointees, have been on the wrong side of these decisions. ... In so many other recent decisions in the federal courts, the Bush administration and the judges it has appointed have been wrong."

10/3. The U.S. District Court (MDFl) sentenced Paul F. Little to serve 46 months in prison, pay a $7,500 fine, and forfeit internet domain names, following his conviction on obscenity charges for sending five obscene video clips via the internet to an undercover U.S. Postal Service inspector in Tampa, Florida. See, Department of Justice (DOJ) release and release.

This case may illustrate a trend in DOJ prosecutions and investigations -- forum shopping. That is, Little lived and operated in the state of California, but the DOJ indicted and tried him in the state of Florida.

The 6th Amendment of the Constitution provides that "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed ..."

Forum shopping enables the DOJ to inconvenience defendants, defense counsel and defense witnesses. It also enables the DOJ to select judges and juries likely to be more supportive of the DOJ's position.

Amendments contained in the 2001 USA PATRIOT Act, and extending legislation, also enable the DOJ to forum shop for favorable judges and magistrate judges for the issuance of surveillance and investigatory orders.

For example, Rule 41(b)(3) of the Federal Rules of Criminal Procedure, which was added by § 219 of the 2001 Act, provides for nationwide search warrants in terrorism related cases: "At the request of a federal law enforcement officer or an attorney for the government ... a magistrate judge -- in an investigation of domestic terrorism or international terrorism -- with authority in any district in which activities related to the terrorism may have occurred has authority to issue a warrant for a person or property within or outside that district."

See also § 220 pertaining to "Nationwide service of search warrants for electronic evidence". This Act was HR 3162 (107th Congress). It became Public Law 107-56.

This type of authority not only enables the DOJ to more efficiently investigate activities that are multi-district or national in scope. It also enables the DOJ to shop for favorable judges and magistrate judges, and to prejudice the ability of distant ISPs and carriers to contest these orders.

10/7. Dan Crippen was named Senior Advisor to the Chairman of the Securities and Exchange Commission (SEC). He was previously Director of the Congressional Budget Office (CBO) and a White House budget advisor. The SEC stated in a release that he "will assist with several new statutory responsibilities of the Chairman, including as a member of both the Financial Stability Oversight Board and the Federal Housing Finance Oversight Board, as well as with management and timely completion of the Congressionally-mandated study on mark-to-market accounting and other significant new policy issues facing the Commission in the current market crisis."

10/7. Neel Kashkari was named interim Assistant Secretary of the Treasury for Financial Stability pursuant to the HR 1424 [LOC | WW], the "Emergency Economic Stabilization Act of 2008". The Department of the Treasury (DOT) stated in a release that he "will oversee the Office of Financial Stability including the Troubled Asset Relief Program". He as worked at the DOT since July of 2006. He was previously a Vice President at Goldman, Sachs & Co. in San Francisco, where he led Goldman's IT Security Investment Banking practice.

Yom Kippur begins at sundown.

The House will not meet. Its next scheduled meeting is at 11:00 AM on January 3, 2009. See, HConRes 440.

The Senate will not meet.

9:00 AM - 3:00 PM. The U.S.-China Economic and Security Review Commission will hold a public meeting to work on its 2008 Annual Report to Congress. See, notice in the Federal Register, July 29, 2008, Vol. 73, No. 146, at Pages 43978-43979, and notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at Page 54205. Location: Conference Room 333, Hall of the States, 444 North Capitol St., NW.

RESCHEDULED FOR NOVEMBER 6. 10:00 AM - 12:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee will meet to prepare for the International Telecommunication Union (ITU) Council Meeting to be held on November 12-21, 2008, in Geneva, Switzerland. See, notice in the Federal Register, September 22, 2008, Vol. 73, No. 184, at Page 54655. Location: 10th floor, 1120 20th St., NW. See, rescheduling notice in the Federal Register, September 26, 2008, Vol. 73, No. 188, at Pages 55891-55892.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch titled "The FCC’s Merger Review and the Verizon-Alltel and Sprint-Clearwire Transactions: Competition, Conditions, and Caps". The speakers will be Carolyn Brandon (CTIA), Rebecca Arbogast (Stifel Nicolaus), and Coleman Bazelon (Brattle Group). RSVP to Mark Brennan at mwbrennan at hhlaw dot com. Location: Willkie Farr & Gallagher, 1875 K St., NW.

1:00 PM. The Department of Health and Human Services' (DHHS) American Health Information Community's (AHIC) Confidentiality, Privacy, & Security Workgroup may meet. AHIC meetings are often noticed, but cancelled. Location: Switzer Building, 330 C St., SW.

2:00 - 4:00 PM. The Heritage Foundation will host an event titled "Pandas in Orbit: China's Space Challenge". The speakers will be Dean Cheng (CNA Corporation), Scott Pace (George Washington University), Kevin Pollpeter (Defense Group, Inc.), and John Tkacik (Heritage). This event is free and open to the public. See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

Day two of a two day conference hosted by the Information Technology Association of America (ITAA) titled "IdentEvent". See, conference web site. Location: JW Marriott Hotel, 1331 Pennsylvania Ave., NW.

Deadline to submit comments to the Bureau of Industry and Security (BIS) regarding foreign policy based export controls contained in the export administration regulations (EAR) implementing the Export Administration Act of 1979, as expired. See, notice in the Federal Register, September 8, 2008, Vol. 73, No. 174, at Pages 52006-52007.

Yom Kippur.

1:00 PM. The Department of Health and Human Services' (DHHS) American Health Information Community's (AHIC) Electronic Health Records Workgroup may meet. AHIC meetings are often noticed, but cancelled. Location: Switzer Building, 330 C St., SW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-107 [20 pages in PDF] titled "Recommendation for Applications Using Approved Hash Algorithms".

The Senate will meet in pro form session only.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in NCTA v. FCC, App. Ct. No. 07-1356. See, FCC's brief [61 pages in PDF]. Judges Ginsburg, Tatel and Brown will preside. Location: 333 Constitution Ave., NW.

12:00 NOON. The Cato Institute will host a discussion of the book [Amazon] titled "The Crime of Reason and the Closing of the Scientific Mind". This book argues that intellectual property laws and government security demands threaten the development of new knowledge. The speakers will be Robert Laughlin (author), Tom Sydnor (Progress & Freedom Foundation), and Jim Harper (Cato). See, notice and registration page. This event is free and open to the public. The Cato will web cast this event. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to the petitions for reconsideration (PFR) of the FCC's Report and Order (R&O) that is sometimes referred to as the "multi-tenant environment voice exclusivity order". The FCC adopted this R&O on March 19, 2008, and released the text [30 pages in PDF] on March 21, 2008. This R&O is FCC 08-87 in WT Docket No. 99-217. See, story titled "FCC Order Abrogates Property Owners' Contracts with Telcos" in TLJ Daily E-Mail Alert No. 1,734, March 20, 2008. See also, Verizon's PFR [9 pages in PDF] of June 13, 2008, and Stephen Weinstein's PFR [7 pages in PDF] of March 24, 2008. See also, notice in the Federal Register, September 25, 2008, Vol. 73, No. 187, at Page 55513.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to the petition for reconsideration (PFR) [4 pages in PDF] of the FCC's Memorandum Opinion and Order and Report and Order (MO&O and R&O) approving the merger of XM and Sirius. The FCC adopted this item on July 25, 2008, and released the text [109 pages in PDF] on August 5, 2008. See, story titled "FCC Releases XM Sirius Merger Order" in TLJ Daily E-Mail Alert No. 1,807, August 6, 2008, story titled and "FCC Approves XM Sirius Merger" in TLJ Daily E-Mail Alert No. 1,800, July 25, 2008. This item is FCC 08-178 in MB Docket No. 07-57. Mt Wilson FM Broadcasters, Inc. filed this PRF on September 4, 2008. See also, notice in the Federal Register, September 25, 2008, Vol. 73, No. 187, at Page 55513.

Columbus Day. See, Office of Personnel Management's (OPM) list of 2008 federal holidays.

8:00 - 10:00 AM. Broadband Census [URL is http colon slash slash broadbandcensus dot com] will host a panel discussion titled "10 Years Under the Digital Millennium Copyright Act: Success or Failure?" The speakers will be Drew Clark (Broadband Census, moderator), Mitch Glazier (Recording Industry Association of America), Michael Petricone (Consumer Electronics Association), Wendy Seltzer (American University law school), and Emery Simon (Business Software Alliance). This event is open to the public. The price to attend is $46.12. Breakfast will be served. For more information, contact Drew Clark at 202-580-8196. Location: Old Ebbitt Grill, 675 15th St., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a program titled "Does DARPA Still Effectively Spur U.S. Technological Innovation?" The speaker will be Erica Fuchs (Carnegie Mellon University). This event is free and open to the public. See, notice and registration page. A light breakfast will be served. Location: ITIF, Suite 200, 1250 Eye St., NW.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will meet. See, notice in the Federal Register, September 19, 2008, Vol. 73, No. 183, at Pages 54412-54413. Location: J.W. Marriott, Salons E and F, 1331 Pennsylvania Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a closed event titled "Intellectual Property as an Investible Asset: The Future of Buying and Selling Intellectual Property". The speakers will be Darrell Mottley (Banner & Witcoff), Krista Holt (Ocean Tomo), and Cameron Gray (Intellectual Property Exchange International). The price to attend ranges from $20 to $35. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

12:00 PM. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to certain ex parte filings submitted by the Association of Public Safety Communications Officials, International (APCO), National Emergency Number Association (NENA), AT&T, Sprint Nextel, and Verizon Wireless regarding the FCC's location accuracy mandates. See, FCC Public Notice [13 pages in PDF], Public Notice [PDF],  notice in the Federal Register, September 25, 2008, Vol. 73, No. 187, at Pages 55473-55495, and notice in the Federal Register, September 29, 2008, Vol. 73, No. 189, at Page 56540. These Public Notices are DA 08-2129 and DA 08-2149 in PS Docket No. 07-114.

12:15 - 1:30 PM. Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will host a brown bag lunch titled "The FTC's recently adopted ``Red Flag Rules´´ pursuant to the Fair and Accurate Credit Transactions Act of 2003". The speakers will be Pavneet Singh (Federal Trade Commission), Eric Breisach (Womble Carlyle), Michael Epshteyn (Covington & Burling), and Steven Rich (Paul Hastings). Location: Covington & Burling, 1201 Pennsylvania Ave., NW.

4:15 PM. The Federal Communications Bar Association (FCBA) and the D.C. Circuit Historical Society will host a panel discussion titled "FCC Indecency Cases in the D.C. Circuit: An Historical Perspective". The speakers will be Glen Robinson (former FCC Commissioner), Judge Timothy Dyk (U.S. Court of Appeals for the Federal Circuit), Patricia Wald (former Judge of the U.S. Court of Appeals for the DC Circuit), Judge Laurence Silberman (DC Circuit), and Christopher Wright (Harris Wiltshire & Grannis, moderator). This event is free and open to the public. For more information, contact Christopher Wright at cwright at harriswiltshire dot com.Location: Ceremonial Courtroom, 6th floor, U.S. Courthouse, 3rd Street and Constitution Aves., NW.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the CTIA's Petition for Declaratory Ruling [44 pages in PDF] regarding 47 U.S.C. § 332(c)(7)(B), ensuring timely siting review, and preemption under 47 U.S.C. § 253 of state and local ordinances that classify all wireless siting proposals as requiring a variance. This is WT Docket No. 08-165. See, August 14, 2008, Public Notice (DA 08-1913) and notice in the Federal Register, August 29, 2008, Vol. 73, No. 169, at Pages 50972-50973. See, extension notice in the Federal Register, September 23, 2008, Vol. 73, No. 185, at Pages 54805-54807.

12:00 NOON - 6:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Engineering. See, notice in the Federal Register, September 29, 2008, Vol. 73, No. 189, at Pages 56616-56617. Location: NSF, 4201 Wilson Boulevard, Suite 375, Arlington, Virginia.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Diversity and Young Lawyers Committees will host a brown bag lunch regarding mentoring. The speakers will be Michele Farquhar (Hogan & Hartson), Vicki Phillips (Georgetown University law school), and Ryan Wallach (Willkie Farr & Gallagher). RSVP to Edgar Class at eclass at wileyrein dot com or 202-719-7504. Location: Wiley Rein, 5th floor conference room, 1750 K St., NW.

10/7. The Federal Trade Commission (FTC) announced that its will host a two day event titled "Fraud Forum" on February 25 and 26, 2009, in Washington DC. This forum will address, among other things, "which best practices in private industries, such as banking, telecommunications, and online commerce, are best suited to identify fraud and prevent their services from being used by fraudulent actors; which systems adequately track potentially fraudulent activity and whether opportunities exist to use new or improved self-regulatory efforts to combat fraud". The deadline to submit requests to be panelists is November 14, 2008. The event will be held at the FTC's satellite building conference center, 601 New Jersey Ave., NW. See, FTC release.

10/7. The Federal Trade Commission (FTC) published a notice in the Federal Register that announces, describes, recites, and sets the comment deadline for its proposed changes to its Rules of Practice regarding FTC adjudicative proceedings. Public comments are due by November 6, 2008. See, Federal Register, October 7, 2008, Vol. 73, No. 195, at Pages 58831-58858.

10/7. President Bush issued an executive order (EO) regarding electronic surveillance and the position of Deputy Director of the Federal Bureau of Investigation (FBI). This EO amends EO 12139, which pertains to "authorization of electronic surveillance for foreign intelligence purposes". The just issued EO adds the Deputy Director to the list of persons who can make certain certifications required by Foreign Intelligence Surveillance Act (FISA) in support of applications to conduct electronic surveillance. The just released EO further states that the Deputy Director need not be appointed by the President with the advice and consent of the Senate. The current Deputy Director is John Pistole.

10/6. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (October 6, 2008) for, its amendments to the Export Administration Regulations (EAR) as a result of a systematic review of the Commerce Control List (CCL). These changes address, among other topics, software, telecommunications equipment, and computers, including radiation hardening, computers for fingerprint equipment, one finger user authentication, and computer data rates. See, Federal Register, October 6, 2008, Vol. 73, No. 194, at Pages 58033-58041.

10/6. A trial jury of the U.S. District Court (EDVa) returned its verdict in Verizon v. Cox, a patent infringement case involving voice over internet protocol (VOIP) technology. The jury returned a verdict of noninfringement as to some patents, and invalidity as to others. Verizon fared better in related litigation against Vonage. See, stories titled "Vonage and Verizon Settle Patent Case" in TLJ Daily E-Mail Alert No. 1,663, October 26, 2007; "Federal Circuit Issues Opinion in Verizon v. Vonage VOIP Patents Case" in TLJ Daily E-Mail Alert No. 1,646, September 26, 2007; and "Federal Circuit Issues Stay of Injunction in Verizon v. Vonage" in TLJ Daily E-Mail Alert No. 1,569, April 24, 2007. The present case is Verizon Services Corp., et al. v. Cox Fibernet Virginia, Inc., et al., U.S. District Court for the Eastern District of Virginia, D.C. No. 2:2008cv00020.

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