|
Tech Law Journal |
 |
| News, records, and analysis of legislation, litigation, and regulation affecting the computer, internet, communications and information technology sectors | |
|
|
|
| |||||
4/10. The U.S. District Court (NDCal) held a hearing in A&M Records v. Napster. Judge Marilyn Patel stated that Napster's failure to block copyrighted songs was "disgraceful," and suggested that she might again order that Napster be shut down. RIAA General Counsel Cary Sherman released a statement afterwards: "Today's hearing reflects Judge Patel's determination to ensure that the Court's injunction is obeyed and that Napster's infringing conduct comes to an end. Notwithstanding Napster's nitpicking over every detail of the Court's Order in an effort to resist compliance, we are confident that the Court will make the injunction effective. From our perspective, what's important now is the continuing stream of new deals being announced by our companies to bring innovative, online subscription services to consumers. Napster would do well to do whatever it takes to come into compliance, and then turn their full energies into launching a new, legitimate business." 4/10. Former FCC Chairman William Kennard will join the Board of Directors of Handspring, maker of the Visor handheld computer. See, release. 4/10. Lynn Pasahow and David Hadden joined the law firm of Fenwick & West as partners in the litigation group. Both previously worked in the Palo Alto office of McCutchen Doyle as partners. Both Pasahow and Hadden focus on complex intellectual property and patent litigation related to computer hardware and software. They obtained a preliminary injunction enforcing Amazon's 1-Click patent. 4/10. Robert Raben opened a legislative, consulting, and lobbying practice in Washington DC. He will concentrate on intellectual property policy. His clients include the RIAA and Sony Music Entertainment. Raben is a former Assistant Attorney General in charge of the Office of Legislative Affairs. Prior to that he was counsel to the House Judiciary Committee's Courts and Intellectual Property Subcommittee. Prior to that, he was Counsel to the House Constitution Subcommittee. And before that, he was on the personal staff of Rep. Barney Frank (D-MA). 4/10. Allen Sussman joined the Los Angeles office of the law firm of Morrison & Foerster as a partner. He has a public corporate securities practice focused upon middle market technology and digital media companies. He previously worked at the law firm of Brobeck Phleger & Harrison. See, release. 4/10. Napster announced that it will acquire Gigabeat, a developer of music search and song file identification technologies, to assist in its "ongoing compliance and development efforts." See, Napster release. 4/10. President Bush and King Abdullah of Jordan met in Washington DC to discuss the U.S. Jordan Free Trade Agreement (FTA) [PDF], and other topics. The FTA was negotiated by the Clinton administration last year, but has not yet been ratified by the Senate. Trade with Jordan is minimal. However, controversy has arisen because many see this FTA as a blueprint for future FTAs. The main dispute is whether these FTA's should contain language addressing labor and environmental issues, as does this FTA with Jordan. The Jordan FTA is also significant because it contains extensive language pertaining to intellectual property and e-commerce. This FTA addresses patents, trademarks, copyright, and enforcement of IPR. It also provides that the parties will not impose new customs duties on electronic transmissions. President Bush and King Abdullah also held a joint press conference. Bush stated that "We had a very good discussion about trade, and I explained to His Majesty that ours is a country that believes in free trade. We look forward to working to get an agreement, one way or the other, out of our Congress, that encourages free trade with Jordan. We will be discussing strategies as how best to achieve that objective; but the objective is for there to be a free trade agreement between our countries." 4/10. The Progressive Policy Institute, a Democratic party think tank, released a report criticizing President Bush's trade policy. It condemns President Bush's refusal to submit to the Senate the Jordan FTA negotiated by the Clinton administration. It also condemns Bush for not giving any major public addresses regarding free trade and fast track trade negotiating authority. 4/10. WTO Director General Mike Moore gave a far ranging speech on free trade and the WTO in Brussels, Belgium. 4/10. The USPTO released a form [PDF] titled "Applications for Registration to Practice Before the United States Patent and Trademark Office" to be used for the October 17, 2001 examination. The filing deadline is July 6, 2001. 4/10. The U.S. Court of Appeals (8thCir) issued its opinion [PDF] in Children's Broadcasting Corp. v. Disney a case involving misappropriation of trade secrets, and the trial court's authority to grant judgment as a matter of law (JMOL). Children's Broadcasting Corp. (CBC) created a 24 hour radio format aimed at children and their parents. In 1995 ABC Radio, which did not then have a competing format, contracted to provide CBC services, including advertising sales, affiliate development, and consulting. Both parties agreed to keep information developed during the term of the agreement confidential and to use this information only for the purposes of the agreement; however, the agreement was terminable at will. In 1996 ABC Radio terminated the agreement, and began its own children's radio format. CBC filed a complaint in U.S. District Court (DMinn) against Disney (which acquired ABC in 1996) and ABC Radio, alleging a variety of claims. The claims which survived defendants' motion for summary judgment were misappropriation of trade secrets, breach of contract for failure to use reasonable efforts to sell advertising and develop affiliates, and breach of the contractual duty of confidentiality. The jury found that defendants had misappropriated CBC's advertiser list and rate information, and awarded it $10 Million from each defendant. The jury also found that ABC Radio breached the contract with respect to advertising sales and confidentiality and awarded $20 Million. The District Court then granted defendants JMOL on the grounds that CBC had not presented sufficient evidence as to causation and damages; it also granted an alternative motion for a new trial on the issue of damages. The Appeals Court reversed the JMOL, but affirmed the grant of a new trial on damages. 4/10. The ACLU announced that it will run an ad in the print editions of the New York Times and the New Yorker on April 16 and 15, respectively, criticizing the Echelon and Carnivore communications surveillance programs. The ad will feature a picture of a cell phone and the large print statement, "Now equipped with 3-way calling. You, whoever you're dialing, and the government." 4/10. The FCC's Mass Media Bureau announced an application filing window for construction permits for Low Power FM (LPFM) stations in selected states. The window will open on June 11, 2001 and close on June 15, 2001. See, FCC release. 4/10. The FCC's Enforcement Bureau dismissed a complaint asking it to investigate erroneous election night projections in Florida by major news organizations. 4/10. The FCC extended the deadline for filing reply comments in its Notice of Inquiry (NOI) regarding cable open access to May 11. (See, In the Matter of Nondiscrimination in the Distribution of Interactive Television Services Over Cable, CS Docket No. 01-7.) The deadline had been April 20. The Media Access Project filed a request to extend the reply comment deadline, citing the voluminous and complex original comments filed in response to the NOI. The FCC's electronic filing system contains 27 such comments. 4/10. The FCC's Common Carrier Bureau's Accounting Safeguards Division held a public meeting to discuss policies and procedures for independent audits. 4/10. Edward Lentz has joined the Philadelphia office of the law firm of Morgan Lewis as a partner in the firm's Intellectual Property Practice Group. He was previously SVP and US General Counsel of SmithKline Beecham (now GlaxoSmithKline). See, release. Adi Seffer will join the firm's Frankfurt, Germany, office as head of its Technology Practice. See, release. 4/9. The U.S. Court of Appeals (11thCir) issue a two page opinion [PDF] in Weys TV v. FCC, a petition for review of a final order of the FCC regarding whether the FCC erroneously interpreted the Cable Act of 1992 by allowing cable companies to discontinue mandatory carriage of Weys TV's signal. Petition for review denied. 4/9. Matthew Oppenheim, Secretary of the SDMI Foundation, wrote a letter to Edward Felton, an associate professor in the Department of Computer Science at Princeton University, and others, warning them that public release of information concerning the Secure Digital Music Initiative (SDMI) "could subject you and your research team to actions under the Digital Millennium Copyright Act ..." Felton is scheduled to participate in the 4th International Information Hiding Workshop on April 25-29 in Pittsburgh, Pennsylvania. The Secure Digital Music Initiative (SDMI) is a music industry group that is attempting to develop a watermark based system to prevent music piracy. Watermarking embeds copyright information in digital music files to enable devices like MP3 players and recorders to refuse to make copies of copyrighted music. Last year the SDMI issued a "Public Challenge" to help choose among four proposed watermarking technologies. It invited researchers to attempt to remove the copyright watermarks. Felton responded, and successfully defeated all four technologies. The SDMI now seeks to prevent Felton from presenting or publishing his findings. An early version of Felton's presentation has been published in ZIP format in the Cryptome web site. 4/9. James Yekrang plead guilty in U.S. District Court (CDCal) to one count of taking kickbacks in violation of the Anti-Kickback Act of 1986, and one count of tax evasion. Yekrang is a former employee of defense contractor Allied Signal in its Business Information Systems Division. He took kickbacks from Object Foundry, a software company, in exchange for recommending subcontract awards and contract extensions, as well as for the approval of some inflated labor claims. On April 2, Sammy Dev, the owner of Object Foundry who paid the kickbacks, plead guilty to violating the Anti-Kickback Act of 1986 and then aiding and assisting in the filing of a false corporate income tax return. See, USAO release. 4/9. President Bush submitted a budget to the Congress for Fiscal Year 2002 that includes modest increases for most technology industry related agencies. It also proposes making permanent the R&D tax credit, continuing the diversion of USPTO user fees, and reducing NTIA grant funding. Congressional Republicans praised the budget, while Democrats criticized it. Sen. Charles Grassley (R-IA) stated that "Historically, presidents' budgets have been dead on arrival, but that's not true with this one. It's a blueprint that's survived mostly intact with strong bipartisan support... In our system, the president proposes and the Congress disposes." House Minority Leader Richard Gephardt (D-MO) said the budget is "a partisan document rich in ideology and short on balance, fiscal discipline and common-sense responsibility." The FCC budget would be increased from $230,000,000 in FY 2001 to $248,545,000 in FY 2002. See, independent agencies budgets [PDF, 1MB]. See also, FCC release. The FCC, which has statutory authority to regulate broadcast TV and radio, telephony, one way cable programming service, and other old communications industries, is in the process of transforming itself into the regulator of Internet related industries. However, it currently lacks the staff and technical expertise to accomplish this. Hence, the new FCC Chairman, Michael Powell, had sought a much larger increase in the FCC budget. Rep. Billy Tauzin (R-LA), the Chairman of the House Commerce Committee, which oversees the FCC, praised the budget overall, but added, "I am also deeply concerned that the President has ignored recommendations to upgrade the Federal Communication Commission's outdated engineering capabilities. FCC Chairman Michael Powell has made a compelling case to Congress for the need for additional money. Given the FCC's enormous responsibilities in the digital age, I will personally ask the White House to reconsider the agency's recommended funding level." He added that "the President's decision to postpone certain spectrum auctions makes a lot of sense to me, and I will support his efforts. But penalizing America's broadcasters -- who are struggling to make the transition to digital -- with punitive spectrum fees is a terrible idea, and I will fight it every inch of the way." The FTC budget would be increased from $145,254,000 to $156,270,000. See, independent agencies budget [PDF, 1MB] and FTC FY 2002 Congressional Budget Justification [PDF, 380KB]. The FTC has both antitrust authority and consumer protection authority. In recent years it has increasingly used its antitrust authority to review mergers of high tech companies. It has also increased its activities in the areas of Internet fraud and online privacy. The USPTO budget would continue the practice of diverting some of the user fees to fund other government programs. See, Commerce Dept. Budget [PDF, 435KB]. The Commerce Department also includes a number of other units that are relevant to technology industries. The Bureau of Export Administration, which controls the export of high tech software and equipment, would have its budget increased from $64,854,000 to $68,893,000. The NIST budget would be increased from $312,617,000 to $347,288,000. The budget for the Antitrust Division of the Justice Department would go from $95,838,000 to $89,423,000. See, Justice Dept. Budget [PDF, 440KB], at page 9. President Bush's proposed budget would increase funding for the USTR from $29,452,000 for FY2001 to $30,097,000 for FY2001. This is an increase of $645,000, or 2%. This proposal also projects that the USTR will have 203 full time equivalent employees in FY 2002, the same as in FY 2001. See, proposed budget for the Executive Office of the President [PDF] and USTR release. 4/9. The U.S. Court of Appeals (4thCir) issued an "unpublished" opinion in Agora v. Axxess, a defamation case. Agora, which publishes a monthly investment advice magazine, filed a complaint in U.S. District Court (DMd) against Axxess, which operates an investment advice web site named FinancialWeb, alleging defamation. FinancialWeb had referred to Agora's publication as an "unpaid promoter" of stocks. The District Court dismissed pursuant to Rule 12(b)(6) for failure to state a claim. The Appeals Court affirmed. 4/9. The U.S. Court of Appeals (FedCir) issued its opinion in Mentor v. Medical Device Alliance, a patent infringement case in which the trial judge granted JMOL following a jury verdict. Mentor sued Medical Device Alliance, Lysonix, and Misonix for infringement of U.S. Patent 4,886,491. A jury returned a verdict of direct, contributory, and inducement of infringement. The District Court then granted judgment as a matter of law (JMOL) that a best mode violation occurred, granted Misonix's motion for JMOL that it did not infringe Mentor's patent, and granted a conditional new trial (in the event that this court reverses its JMOL on the best mode issue) for anticipation, obviousness, inequitable conduct, and contributory infringement by all defendants. The Appeals Court determined that the jury's verdict was supported by substantial evidence, and reversed the JMOL on the ground of a best mode violation. The Appeals Court also reversed the grant of a new trial, and the grant of a JMOL of non-infringement by Misonix. 4/9. Rebecca Beynon, Senior Counsel to outgoing FCC Commissioner Harold Furchtgott-Roth, will become Senior Advisor and Assistant General Counsel in the General Counsel's Office at the Office of Management and Budget. She will be replaced for the last few months of HFR's tenure by Samuel Feder, who is currently an attorney at the law firm of Harris Wiltshire. Prior to that, he worked at Kellogg Huber, and in the Federal Programs Branch of the Justice Department. 4/9. House Majority Leader Dick Armey (R-TX) released a memorandum titled "Privacy: For those Who Live in Glass Houses." It argues that federal government web sites have a bad record of complying with FTC's "Fair Information Practices," and that the poor security of government databases puts the personal information of citizens at risk. He concludes that "Those who live in glass houses shouldn't throw stones. And right now, the federal government's online house is made of pretty thin glass." He also stated that "Right now, Congress is an inexperienced and amateur mechanic trying to tinker with the supercharged, high-tech engine of our economy. We need to be careful not to let our good intentions get in the way of common sense." The EPIC wrote a letter to Rep. Armey regarding privacy. It stated that Congress should pass legislation to create a new federal agency to oversee enforcement of the Privacy Act of 1974, amend the federal wiretap statues to address location data, and suspend operation of the FBI's e-mail surveillance program named Carnivore. 4/9. The NTIA published a notice in the Federal Register that it is conducting an investigation of current and future use of radio frequency spectrum in the U.S. by providers of energy, water and railroad services, and how current and emerging technology trends affect use of the radio spectrum. The notice also requests public comments. Comments must be received on or before June 8, 2001. The CJSJ appropriations bill for FY 2002 requires that the NTIA conduct this study. See, Federal Register, April 9, 2001, Vol. 66, No. 68, at Pages 18448 - 18449. See also, copy of notice in the NTIA web site. 4/6. The Senate passed a budget resolution, and then adjourned until April 23 for the traditional Easter recess. By a vote of 65 to 35, the Senate approved a budget that provides for a $1.2 Trillion tax cut over ten years -- not the $1.6 Trillion that President Bush requested. The House adjourned on April 4 for its two week recess. 4/6. The FCC received a dozen comments regarding rules for location privacy for mobile devices. At issue are privacy rules for cell phones, PDAs, in car map and traffic services, wireless tollbooth collection systems, Blackberry e-mail pagers, Bluetooth enabled devices, and anything else which can be embedded with a GPS chip, or other technology, capable of generating location data. The CTIA filed a petition [PDF] with the FCC on Nov. 22, 2000, requesting a rule making proceeding. In response, the FCC issued a Public Notice [PDF] on March 16, 2001 requesting comments on the CTIA's petition. Comments were due by April 6. Reply comments are due by April 17. (See, WT Docket No. 01-72.) The 106th Congress enacted, and President Clinton signed, the Wireless Communications and Public Safety Act of 1999. This bill was S 800, sponsored by Sen. Conrad Burns (R-MT), and HR 438, sponsored by Rep. John Shimkus (R-IL). It designated 911 as the universal emergency service number, and promoted wireless 911 service. The bill also amended Section 222 of the Communications Act to include cell phone call location information in the definition of customer proprietary network information (CPNI). The FCC has authority to strictly regulate the use of CPNI by telecommunications carriers. (The FCC has another proceeding concerning CPNI; see, Docket No. 96-115.) However, while the FCC does not have statutory authority to regulate the privacy practices of many other entities that may obtain location data from web enabled devices, many commenters requested that the FCC adopt rules that apply to all such entities. All commenters stated that location privacy is a good thing, but differed as to how the FCC should proceed. The comments addressed many issues, including whether the FCC should conduct a rule making proceeding, whether it should promulgate rules, whether any proceeding should be separate from the CPNI docket, whether state laws should be preempted, what entities with location data are subject to FCC jurisdiction, what privacy principles should be included in any FCC rules, and what legislative recommendations the FCC should make to Congress, if any. Nokia submitted a comment in which it said that the FCC "should initiate a formal rulemaking to further consider the issues raised in CTIA's petition and should ultimately adopt nationally uniform principles that provide consumers with strong location privacy protection." It added that "As third-generation (3G) and other advanced wireless services continue to develop, location based information will play an increasingly critical role in providing consumers with valuable services that will increase their efficiency and safety." Nokia added that rules should apply to all entities with location information. Ericsson submitted a comment in which it too supported the CTIA's petition, and argued that "ensuring the security and integrity of personal private information is important to foster the wide deployment of location-based services." It also stated that the "FCC should consider privacy principles that hold carriers and overlay providers to the same standards of conduct." Sprint PCS filed a comment in which it stated that it "supports Commission confirmation of the Fair Information Practices policies (notice, consent, access and security) -- whether by rule or via a policy statement. However, for two reasons, Sprint PCS submits that the Commission must resist the temptation to adopt new detailed regulations at this time. First, the provision of location-based services is at an embryonic stage. ... Second, the Commission must recognize that it lacks authority to regulate most entities that will generate or gain access to wireless location information. The Commission's jurisdiction over CPNI is limited to "telecommunications carriers," but most of the entities that will have access to wireless location information will be non-carrier third parties." It also argued for preemption of state laws. Verizon Wireless filed a comment in which it stated that "does not believe that a new set of Commission regulations on the use of location information is necessary at this time." The Wireless Advertising Association, a group organized last year, submitted a comment arguing that the FCC should not conduct a rule making proceeding, and should instead rely upon voluntary industry self regulation. The EPIC filed a comment in which it stated that the "devices and services that will make use of location data will be varied and complex, ranging from hand-held personal digital assistants ("PDAs"), such as a Palm Pilot or a Blackberry, to automotive navigational systems." The EPIC argued that the FCC should adopt rules that are "technology neutral", and thus, extend to entities beyond the jurisdiction of the FCC. The EPIC further wrote that the FCC "should seek comment on extending similar privacy regulation to any such business, and its authority to impose such regulation ... [and] consider making legislative recommendations to Congress ... to ensure that location data is treated uniformly ..." The Media Access Project also signed this comment. The CDT also filed a comment in which it argued that the FCC should conduct a rule making proceeding separate from the CPNI docket. 4/6. President Bush announced his intent to nominate Kevin Martin, Kathleen Abernathy, and Michael Copps to be Commissioners of the Federal Communications Commission. See, White House release. If confirmed, there will be three Republicans and two Democrats on the Commission. Kevin Martin is a former Legal Advisor to outgoing Commissioner Harold Furchtgott-Roth. He authored many of HFR's dissenting opinions, speeches and statements for Congressional committees on common carrier matters. These typically advocated free market approaches, and adherence to Congressional statutes. But, his name did not appear on these documents. However, Tech Law Journal did transcribe one panel discussion in which Martin participated in 1999. He previously worked at Wiley Rein & Fielding, a Washington DC based law firm with Republican ties that specializes in communications law. Senior partner Richard Wiley is a former General Counsel, Commissioner, and Chairman of the FCC during the Nixon and Ford administrations. Fred Fielding was the White House Counsel for the first six years of the Reagan administration. Last year Martin was Deputy General Counsel for Bush for President; he is currently Special Assistant to the President for Economic Policy. He will be nominated for a five-year term expiring June 30, 2006. Kathleen Abernathy, also a Republican, is VP for Public Policy of BroadBand Office Communications. She was previously VP of Air Touch Communications. Before that, she worked at the FCC as a Legal Advisor to former Commissioner Sherry Marshall and as Legal Advisor to former Chairman James Quello. She will be nominated for the remainder of a five-year term expiring June 30, 2005. Michael Copps, a Democrat, was a longtime aide to Sen. Ernest Hollings (D-SC), the Ranking Democrat on the Senate Commerce Committee, which oversees the FCC. He was Assistant Secretary of Commerce for Trade Development from 1998 to 2001, and Deputy Assistant Secretary of Commerce for Basic Industries from 1993 to 1998. From 1989 to 1993, he held the position of Senior Vice President of the American Meat Institute and from 1985 to 1989 he was Director of Government Affairs for Collins and Aikman Corporation. Copps served for 15 years in the Office of Senator Fritz Hollings in several positions including Chief of Staff. He will be nominated for the remainder of a five-year term expiring June 30, 2004. FCC Chairman Michael Powell released a statement in which he said "Each of the three nominees -- Kathleen Abernathy, Michael Copps and Kevin Martin -- if confirmed by the Senate, will bring important experience and expertise to the Commission and I welcome the opportunity to carry out the responsibilities of the FCC with them." Outgoing Commissioner Harold Furchtgott-Roth also released a statement: "President Bush has chosen very wisely. ... I have every confidence that they will be a credit to the Commission and to the country. I am particularly pleased with President Bush’s selection of Kevin Martin. Before joining President Bush's election campaign as Deputy General Counsel, Kevin served with distinction on my staff. His first hand experiences inside the Commission, keen intellect, good humor, and strong commitment to public life will serve him well. Kevin will be an outstanding Commissioner ..." Rep. Billy Tauzin (R-LA), Chairman of the House Commerce Committee, had this to say: "They may be incoming freshmen, but there are no rookies in this class. All three of the nominees have impeccable credentials and fully understand the important role telecommunications plays in our global economy. I plan to meet with each of them individually in the upcoming weeks to discuss the importance of working with Congress to fundamentally reform the FCC." See, statement. 4/6. The USTR published a notice in the Federal Register pertaining further actions against Ukraine for its denial of adequate protection of intellectual property rights. On March 12, the USTR designated Ukraine as a "Priority Foreign Country" under the "Special 301" program. Section 301 is the statutory means by which the U.S. asserts its international trade rights, including its rights under WTO Agreements. Under the "Special 301" provisions of the Trade Act of 1974, the USTR identifies trading partners that deny adequate and effective protection of intellectual property or deny fair and equitable market access to U.S. artists and industries that rely upon intellectual property protection. The USTR now invites interested persons to submit written comments and to participate in a public hearing concerning further action. Requests to appear at the public hearing are due by April 13, 2001. Written testimony is due by April 20, 2001. A public hearing will be held on April 27, 2001. Written comments and rebuttal comments are due by May 7, 2001. See, Federal Register, April 6, 2001, Vol. 66, No. 67, at Pages 18346 - 18348. See also, USTR release of March 13. 4/6. The FBI's National Infrastructure Protection Center issued an advisory restating PDG Software's advisory to customers of its Shopping Cart software regarding a potential security vulnerability. The NIPC stated that it issued this advisory "to confirm the significance of this vulnerability and to let systems administrators know that hackers are actively exploiting it. Based on ongoing investigations, including information immediately provided to the FBI by PDG Software and numerous victim companies, the NIPC is aware that the vulnerability has already resulted in compromise and theft of important information, including consumer data." 4/6. The U.S. Court of Appeals (FedCir) issued its opinion in Waymark v. Porta Systems, a patent infringement case. The case involves U.S. Patent No. 5,505,929, which claims a system and corresponding method for monitoring the capacity of batteries in a string. Waymark filed a complaint for patent infringement against Porta Systems. The District Court granted summary judgment of non-infringement, and the Appeals Court affirmed. However, because the District Court relied on an incorrect interpretation of § 271(f)(2) in reconsidering summary judgment, the Appeals Court vacated in part and remanded. 4/6. The U.S. Court of Appeals (FedCir) issued its opinion in Bridgestone v. Automobile Club De L'Ouest De La France, a case involving the defense of laches to a trademark claim. Bridgestone is the owner of Trademark Registration No. 756,436 for the mark LEMANS for "pneumatic rubber tires" on the principal register, issued on September 10, 1963. The Automobile Club sought cancellation of Bridgestone's registration, 27 years later, on the ground that Bridgestone's trademark use of LEMANS falsely suggested a connection with the Automobile Club and its sponsorship of its annual Le Mans automobile race, in violation of §2(a) of the Lanham Act. Bridgestone raised the defense of laches. The USPTO Trademark Trial and Appeal Board granted the petition of the Automobile Club to cancel the registration. The Appeals Court reversed. 4/6. The U.S. Court of Appeals (Fed Cir) heard oral argument in Allvoice Computing v. Dragon Systems, Appeal No. 00-1428. 4/6.. The U.S. Court of Appeals (Fed Cir) heard oral argument in Goldtouch Technologies v. Microsoft, Appeal No. 00-1430. 4/6. The GAO released a report [PDF] titled "Medical Privacy Regulation: Questions Remain About Implementing the New Consent Requirement." The report was written at the request of Sen. James Jeffords (R-VT), Chairman of the Senate Health, Education, Labor and Pensions Committee. 4/6. The World Intellectual Property Organization (WIPO) released a statement regarding talks with the Russian Agency for Patents and Trademarks (ROSPATENT). It merely states that there is "positive cooperation" and "commitment". 4/6. President Bush formally nominated Charles James to be an Assistant Attorney General. He will head the Antitrust Division. See, release. 4/6. Sen. Bill Nelson (D-FL) introduced S 729, a bill to provide grant money to states to enable states to expand the opportunity for citizens to vote over the Internet. It was referred to the Senate Committee on Rules and Administration. |
|
