|AAG James Announces New
Program for Merger Investigations
|8/7. Charles James, Assistant Attorney General in charge of
the Antitrust Division
(ATR) gave a speech
in Chicago to the American
Bar Association's Antitrust Section. He summarized key
staff appointments, and announced a new program for conducting
Hart Scott Rodino merger investigations. He stated that
"The program has two parts: (1) aggressive use of the
initial HSR waiting period to identify possible competitive
issues and routes of inquiry; and (2) early consultations with
parties to negotiate, where possible, specific procedural
agreements for the investigation." See also, ATR
James also reflected upon his predecessors, including
"Joel Klein, whose civil enforcement initiatives
fearlessly confronted some of the most complex issues of the
so-called New Economy."
|Cameras and Facial
Recognition Software Defended
|8/8. The Security
Industry Association (SIA) hosted a panel discussion at
the National Press Club in
Washington DC regarding the use of closed circuit TV cameras
and facial recognition software. Richard Chase of the SIA
stated that "It is time to stop focusing solely on how
this technology could be potentially abused, and start talking
about how this technology can be positively used in a
responsible and effective way. ... It is time to stop
irresponsible grandstanding and fear mongering, and to start
open and honest dialogue on the shaping of policies, which
will ensure responsible use. This technology is about public
safety and life safety. It is an invaluable tool for law
enforcement to ensure we have safe communities in which we
raise our families. See, Chase
statement. See also, prepared statements of Joseph
Atick (Visionics Corporation) and Thomas
Seamon (International Association of Chiefs of Police),
|8/8. The U.S. District Court (CDCal)
sentenced Mark Jakob to 44 months in prison. He earlier
plead guilty to two counts of securities fraud and one count
of wire fraud in connection with his perpetration of the Emulex
stock hoax. He disseminated a false press release that was
picked up by news services, and then caused Emulex stock price
to drop. Emulex makes
storage networking products. (USA v. Jakob, D.C. No.
CR-00-1002-DT.) See, SEC
8/8. The SEC reached a
settlement in its civil securities fraud action against Fred
Moldofsky. The SEC filed a complaint in the U.S. District
against Moldofsky on March 30, 2000, alleging that he posted a
series of fraudulent press releases about Lucent on a Yahoo Finance
message board. (SEC v. Moldofsky, D.C. No. 00 Civ. 2425 (LTS).)
|8/8. The FCC released
Report and Order [PDF] in the proceeding named "In
the Matter of Deployment of Wireline Services Offering
Advanced Telecommunications Capability" and numbered CC
Docket No. 98-147. The order was adopted by the FCC on July
12. Commissioner Kevin Martin
wrote a separate
opinion concurring in part, and dissenting in part.
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|Fed Circuit Affirms in
Innovad v. Microsoft
|8/6. The U.S.
Court of Appeals (FedCir) issued its opinion in Innovad
v. Microsoft, a patent infringement
action involving dialing systems in hand held computers.
Innovad filed a complaint in U.S. District Court (NDTex)
against Psion, Apple Computers, Ericsson, HP, Phillips Electronics, Everex
Systems, Sony Electronics, and LG Electronics alleging patent
infringement. Innovad alleged infringement of its U.S.
Patent No. 4,882,750, for a programmable dial system, by
making, selling, and using palm sized computers that
automatically dial preprogrammed telephone numbers when loaded
with appropriate software. Innovad also named as defendants
Microsoft and Odyssey
Computing, alleging patent infringement for manufacturing
the software to perform these functions.
Microsoft, Psion and Apple moved for summary judgment. The
District Court determined that plaintiffs did not infringe,
either literally or by equivalents, the patent in suit,
because it does not cover any dialer units with a keypad and
the accused devices include keypads. The Court of Appeals
|Fed Circuit Affirms in Pall
|8/7. The U.S.
Court of Appeals (FedCir) issued its opinion in Pall
v. PTI Technologies, a patent infringement
case involving filter technology for filtering high
temperature corrosive chemicals such as hot acids used in the
etching process of semiconductor chips.
PTI filed a complaint in the U.S. District Court (CDCal)
against Pall alleging infringement of U.S.
Patent No. 4,663,041, titled "Fluorocarbon filter
element". Pall filed a complaint in the U.S. District
against PTI alleging infringement of its U.S.
Patent No. 4,609,465, titled "Filter cartridge with
connector seal." The California action was transferred to
New York and the two cases were consolidated.
The District Court granted Pall's motion for summary judgment
of non infringement of the '041 patent, and PTI's motion for
summary judgment of non infringement of the '465 patent. The
Appeals Court affirmed the District Court's decision on the
'041 patent, but vacated and remanded to the District Court
for further proceedings on the '465 patent.
|9th Circuit Rules in Trade
|8/8. The U.S.
Court of Appeals (9thCir) issued its opinion
[PDF] in Yeti
v. Deckers and Granville, a case involving misappropriation
of trade secrets. Plaintiff had a boot design. Defendant,
James Granville, after signing a non disclosure agreement,
obtained information about the boot from plaintiff. His
employer, Deckers Outdoor Corporation, the other defendant,
then incorporated trade secrets obtained from plaintiff into
its products. Plaintiff filed a complaint in U.S. District
based upon diversity of citizenship, against defendants,
alleging misappropriation of trade secrets and other claims.
Plaintiff prevailed, and this appeal followed. The trial court
did not award exemplary damages, and plaintiff cross
appealed on this issue. The Appeals Court affirmed on all
points raised by defendants, but reversed the District Court's
refusal to consider exemplary damages.
|USTR Zoellick Talks Tech in
|8/8. USTR Robert Zoellick
arrived in India for three days of meetings with Indian
government officials and private sector leaders. Zoellick will
hold discussions with Indian business leaders, including those
in the information technology sector. He stated in a release
that "I am interested in learning more about India's IT
sector, which is contributing remarkably to India's economic
development and to the growing economic linkages between the
United States and India."
Next week, Zoellick will visit Iowa, home state of Sen. Charles Grassley
(R-IA), the ranking Republican on the Senate Finance
Committee, which has jurisdiction over many trade issues.
|FCC Commissioner Martin
|8/8. FCC Commissioner Kevin Martin
announced the selection of staff. Sam Feder will be
interim Senior Legal Advisor, and will focus on common carrier
matters. David Brown will be interim Legal Advisor, and
will focus on mass media and cable issues. Monica Desai
will be interim Legal Advisor, and will focus on wireless and
international issues. Ginger Clark will be Confidential
Assistant, and will handle scheduling for Martin. Dolly
Johnson will be Staff Assistant, and will handle
scheduling for Legal Advisors.
Sam Feder previously worked at the FCC as Associate
Chief of the Competitive Pricing Division of the Common Carrier Bureau and
as Legal Advisor to former Commissioner Furchtgott- Roth for
common carrier matters. Before joining the FCC he worked at
the Washington DC law firms of Harris Wiltshire &
Grannis and Kellogg
Huber. His minor in college was computer science.
David Brown previously worked at the FCC as an Attorney
Advisor in the Video Services Division of the Mass Media Bureau. Before
that he was an associate at the Philadelphia law firm of Weber Goldstein. He was
also a staff attorney in Pennsylvania's Office of Inspector
General, Governor's Office of General Counsel.
Monica Desai previously worked at the FCC as an
attorney in the Commercial Wireless Division of the Wireless Telecom Bureau (WTB)
and in the Public Safety and Private Wireless Division of the
WTB. Before that she was an associate at the law firm of Sonnenschein Nath &
Rosenthal. She was also an adjunct professor at the George Mason
University School of Law.
|Van Wazer Moves to OET
|8/8. Lauren Van Wazer was named Special Counsel to
the Chief of the FCC's Office
of Engineering and Technology, effective August 20, 2001.
She was previously interim Legal Advisor to FCC Commissioner Michael Copps
for wireless and international issues. Before that she was a
senior staff attorney in the Commercial Wireless Division of
the Wireless Telecom Bureau.
And before 1999, she was an associate at the law firm of Arnold & Porter.
She also held several management positions in the Network
Services department of AT&T.
|Thursday, August 9
|9:30 AM. The FCC will hold a meeting. See, agenda.
Location: FCC, 445 12th Street, SW, Room TW- C305.The agenda
includes the following:
• A Third Notice of Inquiry concerning the
availability of advanced services pursuant to Section 706 of
the Telecom Act in preparation for its Third Report on the
Deployment of Advanced Telecommunications Capability to all
Americans. (CC Docket No. 98-146)
• The Commission will consider a Memorandum Opinion
and Order and Further Notice of Proposed Rule Making exploring
additional frequency bands below 3 GHz to support the
introduction of advanced wireless service, resolving in part
petitions for reconsideration of 2 GHz MSS band arrangements,
and addressing petitions for rulemaking concerning the 2 GHz
MSS and Unlicensed PCS bands.
9:30 AM. There will be a panel discussion titled
"Perspectives on China's Accession Into the WTO."
Location: National Press Club,
Washington DC. The speakers will be Rick Dunham (Business
Week), Pieter Bottelier (Harvard University), Will Martin
(World Bank), Don Phillips, and James Tsao (Journal of Asian
1:30 PM. There will be a press conference regarding NextWave,
sponsored by Hill & Knowlton. For more information contact
Jessica Slovak at 944-1982. Location: National Press Club, Murrow
Room, Washington DC.
|DOJ and USPS Crack Down on
|8/8. Attorney General John Ashcroft and Chief Postal
Inspector Kenneth Weaver held a press conference to announce
the results of an undercover operation directed at trafficking
of child pormography through the mail and via the Internet.
The program, named "Operation Avalanche," has
resulted so far in 144 searches in 37 states with 100 arrests.