|1/6. The House and Senate convened in Joint Session to count
the votes cast for President and Vice President of the United
States by the Electoral College. The session certified George
Bush's and Dick Cheney's elections.
1/5. Senate Republicans and Democrats, who are divided 50 to
50 in the 107th Congress, reached a power sharing agreement.
The Senate agreed to rules changes by a voice vote which
• The parties will hold equal representation on committees.
• Republicans will chair committees.
• Legislation receiving a tie vote in committees will
proceed to the full Senate.
• Republicans and Democrats will receive equal committee
1/5. Two Republicans were appointed to the House Ways and
Means Committee: Rep.
Kevin Brady (R-TX) and Rep. Paul Ryan (R-WI).
Neither was appointed to the Trade Subcommittee. See also, gop.gov
release. Ryan was first elected in 1998 to represent the
southwest corner of Wisconsin. His wife is a tax attorney with Price Waterhouse
Coopers. Rep. Brady is in his third term representing a
largely rural and small town East Texas district that includes
Texas A&M University and the HQ of Compaq.
re 3G wireless, 1/5 (PDF, FCC).
on e-mail, facsimile, and mail related enforcement actions,
1/5 (HTML, FTC).
version of guidelines to be used in review of patent
applications for compliance with the "utility"
requirement of 35 U.S.C. § 101.
to be used in review of patent applications for compliance
with the written description requirement of 35 U.S.C. § 112,
against M&A West, a securities class action, 1/5 (PDF,
for Jan. 11 meeting, 1/4 (HTML, FCC).
|1/5. The FCC released a Notice
of Proposed Rulemaking [62 pages in PDF] regarding
spectrum allocation for 3G wireless. The FCC seeks
comments on the possibility of introducing new advanced mobile
and fixed services in frequency bands currently used for
cellular, broadband PCS,
services, as well as in five other frequency bands: 1710-1755
MHz, 1755-1850 MHz, 2110-2150 MHz, 2160-2165 MHz and 2500-2690
MHz. Third Generation (3G) wireless technology is intended to
bring broadband Internet access to portable devices. See, TLJ
story. See also, FCC
1/5. The FCC's NPRM on 3G wireless also contained an Order
denying a petition filed by the Satellite
Industry Association (SIA) requesting that the 2500-2520
MHz and 2670-2690 MHz bands be reallocated to the
Mobile-Satellite Service (MSS).
1/5. Hewlett Packard (HP)
announced that it has filed a § 337
complaint with the USITC
Essentials, and Priceless
Inkjet Cartridge. HP alleges that respondents are
importing into and selling in the U.S. inkjet cartridge
products in violation of six of HP's patents. See, HP
1/5. The USPTO
published in the Federal Register a revised
version of guidelines to be used by USPTO personnel in
their review of patent applications for compliance with
the "utility" requirement of 35
U.S.C. § 101. This item also includes a detailed
review of public comments received by the USPTO on this
matter. See, Federal Register, Jan. 5, 2001, Vol. 66, No. 4,
at Pages 1092 - 1099. See also, USPTO
release. For more information, contact Mark Nagumo at
703-305-8666 or Linda
Therkorn at 703-305-8825.
1/5. The USPTO
published in the Federal Register guidelines
that will be used by USPTO personnel in their review of patent
applications for compliance with the "written
description" requirement of 35
U.S.C. § 112, ¶ 1. See, Federal Register, Jan. 5,
2001, Vol. 66, No. 4, at Pages 1099 - 1111. For more
information, contact Stephen
Walsh at 703-305-9035 or Linda Therkorn at
1/5. The FTC released a report
[394 KB in PDF] titled "Project Mailbox IV: Report on Law
Enforcement Actions and Consumer Education Initiatives;
October 1, 1999 - September 30, 2000." The report lists
and describes actions brought by the FTC, U.S. Postal
Inspection Service, SEC, and state
governments associated with illegal use of U.S. mail,
facsimiles, and e-mail. See, FTC release.
1/5. The U.S. Court of
Appeals (FedCir) issued its Opinion in Union
Pacific v. Chesapeak Energy. This opinion addresses
the legal issues of patent claim construction,
invalidity for nonenablement, and invalidity for
indefiniteness, in dispute over oil and gas drilling
technology. Union Pacific Resources Company filed suit against
Chesapeake in the U.S. District Court (NDTex)
alleging infringement of U.S. Patent No. 5,311,951, which
discloses a method for locating a drill bit in a horizontal
borehole relative to the surrounding subsurface strata. The
District Court ruled that the patent in suit is invalid for
nonenablement and indefiniteness; it also found
non-infringement. The Court of Appeals affirmed.
1/4. The FCC published an agenda
for its Jan. 11 meeting. The schedule includes Implementation
of Video Description of Video Programming (MM Docket No.
99-339), and Review of the Commission’s Rules and Policies
Affecting the Conversion to Digital Television (MM Docket No.
1/4. "The ITAA
announced its support for legislation pertaining to
modernization of election procedures. HR
5674 IH and S 1 IS, titled the Election Reform Act, were
both introduced in the 106th Congress on Dec. 15, 2000. They
would establish another federal election commission that would
have authority to conduct studies and set voluntary standards
for federal, state and local election procedures and
administration. It would also hand out grants "to improve
and modernize the administration of elections".
"Today's information technology can enable the U.S.
accurately and efficiently to count and record votes,"
said ITAA President Harris Miller in a release.
The original sponsors of HR 5674 are Rep. Tom Davis
(R-VA), Rep. Steve
Rothman (D-NJ), Rep. Pat Kennedy
(D-RI), and Rep. Heather
Wilson (R-NM). The original sponsors of S 1 include Sen. Mitch McConnell
(R-KY) and Sen.
Robert Torricelli (D-NJ).
1/4. An individual named Peter Kanevsky filed a complaint
[PDF] in U.S. District Court (NDCal)
against M&A West, Inc. and two of its officers
and directors alleging violation of federal
securities laws. The plaintiff, who is represented by the law
firms of Milberg
Weiss and Kaplan
Kilsheimer & Fox, seeks class action status. Count one
alleges violation of § 10b
of the Securities Exchange Act of 1934, and Rule 10b-5
thereunder. Count two alleges violation of § 20
of the 1934 Act. M&A
West is a small company traded on the OTC BB as
MAWI that develops, invests in and operates Internet and
technology related companies. Milberg Weiss is a law firm that
specializes in bring securities class action suits against
|Editor's Note: The TLJ Daily E-Mail Alert includes
items added to Tech Law Journal since the last Daily E-Mail
Alert. The date indicates when the event occurred, not the
date of posting to Tech Law Journal.
|1/5. Outgoing USTR Charlene
Barshefsky announced that upon leaving office later this
month she will become a Public Policy Scholar at the Woodrow Wilson International
Center for Scholars in Washington DC. See, USTR
1/5. John Fiorini, will join the Washington DC office
of the law firm of Wiley Rein
& Fielding as a partner specializing in mass media and
telecom law. He was a partner in the Washington DC office of Gardner Carton & Douglas.
release. Fiorini has argued against low power FM radio
1/5. Cal. Gov. Gray
Davis announced the appointment of Contra Costa County
Superior Court Judge Mark Simons as an Associate
Justice of the Court of Appeal, First Appellate District,
Division Five. He will fill the vacancy created by the
retirement of Judge Zerne Hanning. See, Davis
1/4. Michael Vatis, Director of FBI's National Infrastructure
Proctection Center, announced his departure. The NIPC is
an interagency unit located at the FBI that was created by
Bill Clinton's Presidential
Decision Directive 63 in 1998. The NIPC attempts to warn
of, and respond to, cyber attacks. See also, Vatis' July 26,
to the House Government
Management, Information, and Technology Subcommittee, and his Feb.
29, 2000, testimony
before a joint hearing of the House Crime Subcommittee, and
the Senate Criminal Justice Oversight Subcommittee.
1/2. Eight Limbach & Limbach attorneys joined Gray
Cary. The Limbach firm, which specialized in patent
prosecutions and litigation, ceased operations at the end of
last year. All eight will work out of Gray Cary's Palo Alto or
San Francisco offices. Karl and George Limbach,
co-founders of the Limbach firm, will join as Of Counsel. Ronald
Yin will join as a partner focusing on business
counseling, procurement, licensing and enforcement, including USITC
proceedings, of patents relating to advanced technology,
including semiconductor processes and circuit design,
microprocessors, digital circuits, computer systems, memories,
communication and software. Gerald Sekimura will join
as a partner focusing on complex patent litigation, USITC
proceedings, patent interferences, and the prosecution of
patents in the areas of analog and digital electronics,
semiconductors, memories, graphics, electronic and optical
computer systems, and biomedical instrumentation. Edward
Weller will join as special counsel focusing on strategic
counseling on patent protection and enforcement and patent
portfolio management and procurement of patents in business
methods, software, and electronics including semiconductors,
digital circuits, computer systems and optical systems. Alan
Limbach, Eric Hoover, and Kyla Harriel will
join as associates. See, Gray
1/2. Nancy Wojtas joined the Palo Alto office of the
law firm of Cooley Godward
as a partner in the Business Department. She will concentrate
corporate securities, acquisitions, dispositions and
financings. She previously worked in Los Angeles office of
Manatt Phelps. Previously, she worked at the SEC, both in
the Division of Market Regulation, and as Counsel to the
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