Tech Law Journal Daily E-Mail Alert
Jan. 25, 2001, 8:00 AM ET, Alert No. 109.
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107th Congress
1/24. The Senate confirmed by unanimous votes Tommy Thompson (Sec. of Health and Human Services) and Norman Mineta (Sec. of Transportation). Democrats on the Senate Judiciary Committee delayed consideration of the nomination of John Ashcroft (Attorney General). Democrats want answers to 260 written interrogatories before the Committee votes. Also, Sen. Dianne Feinstein (D-CA), a member of the Committee, released a statement in which she announced her opposition.
1/20. Rep. Anna Eshoo (D-CA) and Rep. Chris Cannon (R-UT) introduced HR 237, the Consumer Internet Privacy Enhancement Act. The bill prevents commercial web site operators from collecting personally identifiable information (PII) from users of their web sites unless they first give notice of what information is collected and how it will be used, and give the users the opportunity to limit the use of that information. The bill gives civil enforcement authority to the FTC, and provides for "safe harbor" self-regulatory plans that are approved by the FTC. See also, Cannon release and TLJ story.
1/22. Sen. Orrin Hatch (R-UT) and Sen. Max Baucus (D-MT) introduced S 41, a bill to make permanent the R&D tax credit. Rep. Nancy Johnson (R-CT) and Rep. Robert Matsui (D-CA) have introduced a similar bill in the House. The 106th Congress passed another in a series of temporary extensions of the R&D tax credit.
New TLJ Story
Reps. Eshoo and Cannon Introduce Online Privacy Bill. Reps. Eshoo and Cannon introduced a privacy bill in the House. It would prevent a commercial web site operator from collecting personally identifiable information from users of the web site unless it first gives notice of what information is collected and how it will be used, and gives the users the opportunity to limit the use of that information.
New Documents
Enzi: S 149, the Export Administration Act, 1/23 (167 pages in PDF, Enzi).
Eshoo: HR 237, the Consumer Internet Privacy Enhancement Act, 1/20 (HTML, TLJ).
USCA: opinion in Matthew Bender and Hyperlaw v. West re attorneys fees in copyright infringement cases, 1/23 (HTML, USCA).
USCA: opinion in Peel v. Rug Market re access and similarity in copyright infringement claims, 1/24 (HTML, USCA).
FCC: order re SBC long distance service in Okla. and Kansas, 1/24 (154 pages in PDF, FCC).
Intellectual Property
1/24. Microtune filed a complaint in U.S. District Court (EDTex) against Broadcom alleging patent infringement. Microtune, based in Plano, Texas, makes RF broadband chips for use in cable modems, set-top boxes, PC/TV multimedia, TV/digital TV and other consumer appliances. It alleges that Broadcom's BCM 3415 microchip infringes its U.S. Patent No. 5,737,035, titled "Highly Integrated Television Tuner on a Single Microcircuit." Microtune seeks monetary damages resulting from the alleged infringement, and an injunction against further infringement. Microtune is represented by the law firm of Fulbright & Jaworski. See, Microtune release.
1/23. The U.S. District Court (2ndCir) issued its opinion in Matthew Bender and Hyperlaw v. West Publishing Co., an appeal of an attorneys fees award following the long legal battle over West's claim that it is entitled to copyright protection with respect to judicial opinions that it publishes in its case reporters. The U.S. District Court awarded $813,724.25 in attorneys fees to Hyperlaw based upon its finding that West violated 17 U.S.C. 403 by failing to delineate the portion of its works for which copyright protection was claimed, and its finding that West conducted the litigation in bad faith. The Appeals Court reversed and remanded. (The copyright issues were addressed previously. See, Matthew Bender & Co. v. West Publishing Co., 158 F.3d 674 (2d Cir. 1998), cert. denied, 526 U.S. 1154 (1999) (HyperLaw I), and Matthew Bender & Co. v. West Publishing Co., 158 F.3d 693 (2d Cir. 1998), cert. denied, 526 U.S. 1154 (1999) (HyperLaw II).)
1/24. The U.S. Court of Appeals (5thCir) issued its opinion in Peel v. Rug Market, a copyright infringement case. Peel copyrighted a rug design. Rug Market, a rug wholesaler, carried rugs made in India that Peel alleged infringed its design. Peel filed a complaint in U.S. District Court (EDLa). The Court granted Rug Market's motion for summary judgment, on the grounds that Peel would not be able to meet its burden of proof that the rug producer had access to the design, and that the designs had sufficient similarity. The Appeals Court found material issues of fact, and reversed.
More News
1/24. The FCC published in its web site its Memorandum Opinion and Order [154 pages in PDF] granting SBC's Section 271 application to provide long distance service in Oklahoma and Kansas. The FCC announced this order on Jan. 19. (CC Docket No. 00-217.)
1/24. Hewlett-Packard hired Phil Bond to head its Washington DC lobbying office, effective Feb. 26. He will replace Gary Fazzino, who was appointed VP of HP Government and Public Affairs. Bond has held many jobs in Washington DC, including Chief of Staff to Rep. Jennifer Dunn (R-WA), and Principal Dep. Asst. Secretary of Defense for Legislative Affairs under Defense Secretary Dick Cheney. See, release.
Today
10:00 AM - 12:00 NOON. The American Enterprise Institute will host an event titled "The Presidential Appointments Process: Computer Software to Help Appointees." The speakers are Terry Sullivan (software presenter), Norman Ornstein (AEI), Thomas Mann (Brookings), Paul Light (Brookings), Richard Thornburg, and Donna Shalala. Location: AEI, 1150 17th Street, NW, Washington DC, Wohlstetter Conference Center, 12th Floor.
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