| Sen. Wyden Proposes NET
Guard |
9/26. Sen. Ron Wyden
(D-OR) proposed forming an National Emergency Technology Guard
during a speech in the Senate. Sen. Wyden is a member of the Senate Commerce
Committee, and Chairman of its Science, Technology, and
Space Subcommittee.
He stated that "It seems to me that what this country
needs is essentially a technology equivalent of the National
Guard, an emergency technology guard -- I have been calling it
in my mind Net Guard, or a national emergency technology guard
-- that in times of crisis would be in a position to mobilize
the Nation's information technology, or IT, community to
action quickly, just as the National Guard is ready to move
during emergencies."
He elaborated that "A national volunteer organization of
trained and well-coordinated units of information technology
professionals from our leading technology companies ought to
be in a position to stand at ready with the designated
computer equipment, satellite dishes, wireless communicators,
and other equipment to quickly recreate and repair compromised
communications and technology infrastructure."
He also stated that "I intend to use the subcommittee
that I chair of the full Commerce Committee that is chaired by
Senator Hollings to initiate a dialog among congressional,
corporate, military, and nonprofit leaders to begin a new
effort to mobilize information technology in times of
crises." |
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| Federal Circuit Reverses in
Loral v. Matsushita |
9/21. The U.S.
Court of Appeals (FedCir) issued its opinion in Loral
Fairchild v. Matsushita Electrical, a patent
infringement case involving invalidity for obviousness.
Loral filed a complaint in U.S. District Court (EDNY)
against Japanese electronics manufacturers and their U.S.
distributors alleging infringement of claim 1 of its U.S.
Patent No. 3,931,674, titled "Self aligned CCD
element including two levels of electrodes and method of
manufacture therefor". CCDs, or charge-coupled devices,
are used in electronic cameras to produce an electrical signal
representing the image that is focused in it, which signal is
then processed and displayed on a video monitor.
Defendants moved for summary judgment on the grounds that
claim 1 is invalid as obvious for having been disclosed in a
journal article authored by Darrel Erb in 1973. The District
Court held that there was no genuine issue as to the status of
the Erb reference as prior art, and that claim 1 was obvious
in light of it.
The Appeals Court held that the grant of summary judgment was
improper because the evidence raised a genuine issue as to
whether those at Loral reduced the claimed invention to
practice prior to the publication of the Erb article. It
reversed and remanded. |
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| Copyright Office Extends
Deadline |
| 9/27. The Copyright
Office (CO) extended its deadline to submit comments on
its proposed amendments to the regulations governing the
content and service of certain notices on the copyright owner
of a musical work. The notice is served or filed by a person
who intends to use the work to make and distribute
phonorecords, including by means of digital phonorecord
deliveries, under a compulsory license, pursuant to 17 U.S.C.
§ 115. The new deadline is October 12. See, original notice
in Federal Register, August 28, 2001, Vol. 66, No. 167, Page
45241 - 45245. See also, notice
extending deadline, in Federal Register, Thursday, September
27, Vol. 66, No. 188. |
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rights reserved. |
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| Bush Addresses Anti
Terrorism Bill |
9/27. President Bush gave a speech
at the CIA Headquarters in
Langley, Virginia, in which he referenced the Administration's
Anti
Terrorism Act of 2001 [PDF]. The bill would increase the
electronic surveillance authority of law enforcement and
intelligence agencies, among other things. Bush and Attorney
General John Ashcroft seek passage of the bill on an expedited
basis.
Bush stated: "I intend to continue to work with Congress
to make sure that our law enforcement officials at home have
got the tools necessary -- obviously, within the confines of
our Constitution -- to make sure the homeland is secure;
to make sure America can live as peacefully as possible; to
make sure that we run down every threat, take serious every
incident. And we've got to make sure, as well, that those
who work for the nation overseas have got the best available
technologies and the best tools and the best funding
possible." |
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| Fed Circuit Rules in BTG v.
Genentech |
9/27. The U.S.
Court of Appeals (FedCir) issued its opinion
in Bio-Technology
General v. Genentech, a patent infringement
case involving the issue of lack of enablement.
Genentech is the
assignee of U.S.
Patent No. 4,601,980, titled "Microbial expression of
a gene for human growth hormone". The jury answered
"NO" to the question "Has BTG proven by clear
and convincing evidence that the '980 patent did not enable a
scientist skilled in the art in July 1979 to make any mature
human growth hormone of 191 amino acids?" Nevertheless,
the District Court granted BTG's motion for judgment as a
matter of law that the patent is invalid for lack of
enablement. The Appeals Court reversed the judgment of
invalidity and remanded for further proceedings with respect
to infringement. |
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| 7th Circuit Rules in
Trademark Case |
9/27. The U.S.
Court of Appeals (7thCir) issued its opinion
in Packman
v. Chicago Tribune, a trademark and unfair
competition case.
Diana Packman holds federal and Illinois trademarks for the
phrase "the joy of six," for use in relation to
football and basketball games. The Chicago Tribune published a
newspaper that ran front page headlines with the phrase
"The Joy of Six". Front Page News produced t-shirts
that reproduced this front page. Packman filed a complaint in
U.S. District Court against the Chicago Tribune and Front Page
News alleging trademark infringement under 15 U.S.C. § 1114,
unfair competition under 15 U.S.C. § 1125(a), and trademark
infringement under Illinois law, in connection with the
reproduction of the Chicago Tribune front page on t-shirts.
The District Court granted defendants' motion for summary
judgment on the grounds of fair use, and absence of a
likelihood of confusion of products. The Appeals Court
affirmed. |
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| 7th Circuit Reverses in
Goss Graphics v. DEV |
9/27. The U.S.
Court of Appeals (7thCir) issued its opinion
in Goss
Graphics v. DEV Industries, a theft of trade
secrets case. However, the issue on appeal involved dismissal
of suits, with leave to reinstate, on the grounds that they
are likely to settle. In this case, the District Court
dismissed the case, and later refused to reinstate after the
failure of settlement negotiations. The Appeals Court
reversed.
Judge Posner wrote that "We have repeatedly criticized
the practice of dismissing suits before they have been
concluded, with leave to reinstate the suit." He
continued that "the district judge's annoyance at the
parties' failure to settle was not a valid ground for killing
the plaintiff's suit. Federal courts do have authority to
require parties to engage in settlement negotiations ... but
they have no authority to force a settlement. ... If parties
want to duke it out, that's their privilege." |
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| Friday, Sept 28 |
There will be no votes in the House. The Senate will meet in
pro forma session only.
CANCELLED. 10:00
AM - 12:00 NOON. The FCC's WRC-03 Advisory Committee will hold
a meeting to continue preparations for the 2003 World
Radiocommunication Conference. Location: Federal
Communications Commission, 445 12th Street, SW, Room TW-C305,
Washington DC. See, notice
in Federal Register, September 7, 2001, Vol. 66, No. 174, at
Pages 46793 - 46794.
Extended deadline for submitting comments and notices of
intent to participate in a copyright arbitration royalty panel
proceeding to the Copyright
Office regarding its proposed regulations that will govern
the Recording Industry
Association of America (RIAA) collective when it functions
as the designated agent receiving royalty payments and
statements of accounts from nonexempt, subscription digital
transmission services which make digital transmissions of
sound recordings, pursuant to 17 U.S.C.
§ 114. See, notice
[PDF] in Federal Register, September 21, 2001, Vol. 66, No.
184, at page 48648.
Deadline to submit rebuttal comments to the USTR in its
investigation of the intellectual property laws and practices
of the government of Ukraine. See, notice
in Federal Register, September 24, 2001, Vol. 66, No. 185, at
Page 48898. Location: Office of the USTR, 1724 F Street, NW,
Rooms 1 and 2, Washington DC. |
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| Monday, October 1 |
The House will not be in session.
9:30 AM. The U.S.
Court of Appeals for the District of Columbia Circuit will
hear oral argument in AT&T Wireless Services v. FCC,
No. 00-1304. Judges Edwards, Rogers and Tatel will preside.
Location: 333 Constitution Ave., NW, Washington DC.
2:00 PM. Timothy Muris, Chairman of the FTC,
and lawyers and investigators from FTC's Bureau of Consumer
Protection will hold a press conference to announce an
Internet fraud enforcement initiative. Location: FTC Internet
lab, 600 Pennsylvania Avenue NW, Washington DC. |
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| Tuesday, October 2 |
The House will meet at 12:30 PM for morning hour, and at
2:00 PM for legislative business. There may be votes after
6:00 PM on bills considered under suspension of the rules.
The Supreme Court of
the United States will hear oral argument in NCTA v.
Gulf Power (No. 00-832) and FCC v. Gulf Power (No.
00-843), consolidated. See, calendar
[PDF].
10:00 AM. The Senate
Banking Committee will hold an oversight hearings to
examine the activities of the Trade Promotion Coordinating
Committee. The scheduled witnesses are Donald Evans (Secretary
of Commerce), John Robson (P/Ch of the Export-Import Bank),
Hector Barreto (Administrator of the SBA), Peter Watson (P/CEO
of the Overseas Private Investment Corporation), and Thelma
Askey (Director of the U.S. Trade and Development Agency).
Location: Room 538, Dirksen Building.
10:00 AM. The Senate
Judiciary Committee will continue its hearing on homeland
defense matters. (This hearing began on September 25. Attorney
General John Ashcroft testified regarding the
Administration's Anti Terrorism Act of 2001.) Sen. Patrick Leahy (D-VT)
will preside. Location: Room 216, Hart Building.
12:00 NOON. The Congressional Internet Caucus Advisory
Committee will host a panel discussion on electronic
surveillance issues. Lunch will be served. RSVP to Megan
Kinnaird or Catherine Parsons at 202-638-4370. Location:
Reserve Officers Association, One Constitution Ave, NE,
Washington DC. The speakers will be Viet Dinh (Assistant
Attorney General for Legal Policy), John Podesta (Georgetown
University), James Dempsey (Center for Democracy and
Technology), and Bruce Heiman (Preston Gates Ellis &
Rouvelas Meeds). |
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