in TI v. Tessera and USITC re choice of forum clauses and patent
litigation, 11/7 (EXE/MSWord, USCA).
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"We have repeatedly urged the Government of Mexico to comply
with its WTO commitments. While some progress has been made,
Mexico's failure to take additional actions has left us no choice
but to request a WTO panel. ... A vibrant telecommunications market
is at the foundation of future growth in Mexico and is essential if
consumers and businesses in both our countries are to fully
participate in a globally networked economy."
Charlene Barshefsky, USTR
11/8. The outcome of the Senate race in Washington state between
Sen. Slade Gorton (R-WA) and Maria Cantwell is still uncertain. The latest
count has Gorton ahead by several thousand votes. However, the
Division is still counting hundreds of thousands of absentee
11/8. The U.K.
Department of Trade and Industry cleared Microsoft's planned acquisition
of 23.6% interest in Telewest Communications. See, DTI
release. Stephen Byers, Secretary of State for Trade and
Industry, stated that he was following the recommendations of the
Director General of Fair Trading (DGFT). He stated: "The DGFT
has advised me that the relevant market in this case is the
provision of software to all digital television set top boxes. The
DGFT has also advised me that, having carried out an investigation
into the complex issues raised by the case, he has seen no evidence
that Microsoft's stake in Telewest gives rise to sufficient
competition concern to recommend a reference to the Competition
11/8. The USTR announced that the U.S.
will request the establishment of a WTO dispute settlement panel
to examine U.S. claims that Mexico has failed to comply with its WTO
commitments in the telecommunications services sector. See, release.
11/8. The USTR announced the outcome of
301 out-of-cycle reviews, and resolution of
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
implementation concerns. Both Italy and Poland were moved from the
Priority Watch List to the Watch List. Ireland was removed from the
Watch List. The USTR cited recent anti-piracy legislation, stiffer
penalties, education efforts, and cooperation with industry as the
reasons for these determinations. See, USTR
11/7. The U.S.
Court of Appeals (FedCir) issued its opinion
[EXE/MS Word] in Texas
Instruments v. Tessera and USITC vacating and remanding
the judgment of the U.S. District Court (CDCa). At
issue was the meaning of a vague choice of forum clause in a license
agreement between Texas Instruments
and Terresa which provided
that "If such disputes, controversies, claims or differences
cannot be settled between the parties, any litigation between the
parties relating to this Agreement shall take place in
California." TI filed a complaint for injunctive relief in
U.S.D.C. in Los Angeles seeking to bar Terresa from pursuing a proceeding
before the USITC (which is in
Washington DC). The District Court ruled that the choice of forum
clause did not apply to USITC proceedings. The Appeals Court
disagreed, 2-1. It opined that §337 proceedings are litigation.
Judge Rader wrote the opinion; Newman joined. Lourie dissented.
11/8. The ICANN
published a notice
that it "is nearing completion of its evaluation of the 44
active applications for new TLDs and the preparation of
an extensive report. ICANN now expects to post the report on
Thursday, 9 November 2000."
11/6. The Department of Justice, Antitrust
Division, announced its intent to block the merger of two
Silicon Valley companies that provide information management
solutions in the field of oncology. Varian
Medical Systems Inc. had planned to purchase IMPAC
Medical Systems. The DOJ alleged that the transaction would
reduce competition in the sale of radiation oncology management
systems software and medical devices known as linear accelerators.
release. Richard Levy, CEO of Varian, had this reaction:
"We respectfully disagree with the Department of Justice’s
market interpretation and conclusions regarding how this acquisition
would affect consumers, but we believe we would be doing our
customers and investors a disservice by entering into what could be
a protracted legal proceeding." See, Varian release. See
Editor's Note: This column includes all News Briefs added to
Tech Law Journal since the last Daily E-Mail Alert. The dates
indicate when the event occurred, not the date of posting to Tech
|The FCC will hold a
Commission meeting on Thursday, Nov. 9. The agenda [PDF
includes two items pertaining to secondary markets for
wireless spectrum. The FCC will consider a Notice Proposed
Rule Making (NPRM) concerning the promotion of secondary
market mechanisms to facilitate efficient use of wireless
spectrum, and a Policy Statement setting forth guiding
principles for the promotion of secondary market mechanisms to
facilitate efficient use of wireless spectrum.
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