opinion in Festo
re doctrine of equivalents, 11/29 (HTML, IPO).
Editor's Note. This hyperlink is to a copy of
the opinion in the web site of the Intellectual Property Org. The
opinion is also available in MS Word in the web site of the U.S.
Court of Appeals for the Federal Circuit. However, to access copies
of opinions in the Court's web site, one must click on hyperlinks
that transfer files by FTP. These are executables. TLJ E-Mail Alerts
that contain these hyperlinks, or that contain the three letter file
extension for executable files, have been blocked by some
subscribers' mail servers. Hence, TLJ no longer links to opinions in
the Federal Circuit's web site.
re regionalism and e-commerce, 11/28 (HTML, WTO).
|New and Updated Sections
from Around the Web.
|Quote of the Day
"If globalization underscores nothing else, it is the logic of
global rules for global firms operating in a global marketplace.
From telecommunications, to financial services, to data-processing,
to electronic commerce -- more and more the New Economy creates a
single economic space which is indifferent to distance, time and
geography. In this digital world -- where Buenos Aires is as close
to Singapore as Montevideo -- the idea of regional preference and
integration loses much of its rationale. What does it mean to have a
regional agreement in e-commerce? Or preferential access to the
Internet? Faced with a maze of differing standards, rules of origin
and dispute settlement procedures, business may simply opt to ignore
the trading system -- preferring no rules to the tangled web we are
Mike Moore, Director General of the WTO, from Nov. 28 speech
in Buenos Aires.
11/30. The FCC adopted a Order
to permit non-geostationary satellite orbit (NGSO) fixed-satellite
service (FSS) providers to operate in various segments of the
Ku-band, and adopted rules and policies to govern these operations.
NGSO FSS can provide high speed Internet access. [ET Docket No.
98-206.] See, FCC
11/30. The U.S
Court of Appeals (DCCir) issued its order [PDF]
granting the motion
of the Dept. of Justice to file one 150 joint brief with the state
plaintiffs in the Microsoft antitrust appeal.
11/30. The USPTO again extended
its deadline for filing Requests for Agreements regarding the
Filing Partnership. The new deadline is March 1, 2001. See, notice of
11/29. The U.S. Court of
Appeals (FedCir) issued its lengthy en banc opinion in Festo
Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd., a patent
infringement case which addresses the doctrine of equivalents.
The Court answered several questions that remained in the wake of
the Supreme Courtís decision in Warner
- Jenkinson Co. v. Hilton Davis Chemical Co.
Partners Inc., which previously owned 96% of Dictaphone, filed a
complaint in Delaware Chancery Court, seeking to have Lernout & Hauspie's
acquisition of Dictaphone rescinded. LH filed for Chapter 11
protection on Nov. 29 in U.S. Bankruptcy Court in Delaware.
11/28. WTO Director General Mike
Moore gave a speech
in Buenos Aires regarding globalism, regionalism, and electronic
commerce. "Is there a risk that regionalism is becoming a
stumbling-block, more than a building block, for the new WTO?
Draining energy from multilateral negotiations? Fragmenting
international trade? And creating a new international disorder
characterized by growing rivalries and marginalization and the
possibility of hostile blocks?," said Moore. "In this
digital world ... the idea of regional preference and integration
loses much of its rationale."
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
9:00 AM - 2:00 PM. The NTIA
will hold its second government industry meeting on Third
Generation wireless. This event is intended to provide
technical experts an opportunity to review and discuss the
Interim Report of the NTIA and the Interim Report of the FCC
released on November 15. Location: Herbert Hoover Building,
1401 Constitution Ave. NW, Room 4830, Washington DC, 20230.
See, NTIA's notice
and agenda and 3G
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