| Sen. Hollings and the FTC |
4/15. Federal Trade Commission
(FTC) Chairman Timothy Muris issued a statement
regarding recent statements made by Sen. Ernest Hollings
(D-SC). Muris stated that "A press report indicates that
Senator Ernest F. Hollings of the Senate Appropriations
Committee is considering suspending funding for the salaries
of all of the Commissioners and the senior staff of the
Federal Trade Commission. Although this step would not affect
the salaries of the vast majority of employees at the FTC, it
essentially would eliminate the Commission's ability to
enforce the laws under its jurisdiction. ... I am surprised
that Senator Hollings, being such a strong advocate of
consumer protection, would consider a measure that would
virtually eliminate the FTC's ability to protect
consumers."
Sen. Hollings is Chairman of both the Senate Commerce
Committee, which oversees that FTC, and the Senate
Appropriations Committee's Subcommittee on Commerce,
Justice, State and the Judiciary, which funds the FTC. He
objects to the Memorandum of
Agreement between the FTC and the Department of Justice's Antitrust Division which
provides for the allocation of all antitrust matters in
specific industries to one agency or the other, based largely
on each agency's predominant expertise.
In particular, Sen. Hollings objects to the allocation of the
media and entertainment industries, including cable services,
satellite services, television and radio broadcasting,
publishing, newspapers, magazines, movies, movie theaters and
upstream video distribution, to the DOJ. The Sen. Hollings'
Commerce Committee does not oversee the DOJ. |
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| DOJ Files Amicus Curiae
Memorandum in Microsoft Case |
4/15. The Department of Justice's Antitrust Division filed
a pleading
in the Microsoft antitrust case titled "Memorandum Amicus
Curiae of the United States Regarding Microsoft Corporation's
Motion for Dismissal of the Non-Settling States' Demand for
Equitable Relief".
Microsoft filed a motion to dismiss the non-settling States'
demand for equitable relief on February 26, 2002. It argued in
its memorandum
in support that "the non-settling States are limited
to seeking redress for state- specific injuries caused by
Microsoft's conduct. They cannot displace the United States in
its role of establishing national competition policy."
The DOJ pleading states that "Microsoft's motion raises a
number of important questions concerning the limits of the
non-settling States' legal standing as parens patriae.
The movement of some States into the field of antitrust
enforcement with respect to national or international markets,
and their demands for relief that will affect competition and
consumers outside of their borders, raise issues that have not
been fully developed in the jurisprudence."
However, it adds that "the United States finds no
definitive case law that would require granting the relief
Microsoft seeks as a matter of law. Rather ... we believe that
the law requires the Court to take cognizance of many of the
issues Microsoft raises in the exercise of the Court's
equitable discretion." |
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| Trade Promotion Authority
News |
4/15. President Bush gave a speech
in Cedar Rapids, Iowa, on behalf of Rep. Greg Ganske
(R-IA), who is running for the Senate. President Bush stated
that "the President needs what's called trade promotion
authority. I need the ability to negotiate trade agreements
all around the world. There are some in Washington, D.C. who
want to build walls and protection around America. But a
confident nation is one that tears those walls down."
Donald
Evans, the Secretary of Commerce, and several Republican
Senators are scheduled to hold a press conference in the
Capitol Building on Tuesday morning, April 16, to pressure
Senate Majority Leader Tom Daschle to schedule a vote on trade
promotion authority legislation. |
|
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| Rep. Boehlert Addresses
Cyber Security Funding |
4/15. Rep. Sherwood
Boehlert (R-NY), Chairman of the House Science Committee,
gave a speech at the Rochester
Institute of Technology, in Rochester, New York. He
addressed, among other things, federal funding for cyber
security research and education.
"Congress will also have to see that the research needed
to wage the war on terrorism -- and indeed all research, which
in some ways is the same thing -- receives adequate
funding," said Rep. Boehlert. "I've made a
particular point of focusing on the research needed to improve
cyber security -- which can be easy to overlook because, so
far, the nation has been spared a spectacular attack on our
computer and computer networks. But we are vulnerable to such
an attack -- actually increasingly vulnerable as more and more
of the systems on which we depend on for basic necessities --
water, electricity, fuel -- rely on computer networks."
He continued that "despite our dependence on these
systems, neither the federal government nor the private sector
has devoted much money or attention to cyber security
research. The result is that cyber security is a small field,
largely lacking in fresh ideas and fresh recruits."
Rep. Boehlert then discussed HR 3394,
a bill sponsored by Rep. Boehlert and others titled the
"Cyber Security Research and Development Act". The
House passed this bill on February 7, 2002 by a vote of
400-12.
Rep. Boehlert stated that this bill would "pump almost
$900 million into this field over the next five years. Under
the bill, the National Science
Foundation and the National
Institute of Standards and Technology would create new
cyber security programs to fund university industry research
centers; undergraduate and masters curricula; doctoral and
post doctoral fellowships; and grants for senior researchers
in related fields. All of this should help foster new ideas
and attract a cadre of researchers to the field." |
|
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| DOJ Recommends Approval of
Verizon NJ Long Distance Application |
4/15. The Department of Justice's Antitrust Division
submitted its evaluation
[PDF] to the Federal
Communications Commission (FCC) recommending approval of Verizon's Section
271 application to provide in region interLATA services in
the state of New Jersey.
However, the evaluation also states that "several
questions remain for the Commission to resolve. Although
Verizon's reduction of hot cut NRCs appears to respond to the
concern expressed in the Department’s Evaluation of its
first New Jersey application, it is unclear whether this
reduction will remain in effect for a sufficient period of
time. Moreover, issues have been raised regarding
nondiscriminatory access to Verizon's OSS in New Jersey. The
Department therefore recommends that the Commission approve
Verizon's second application for Section 271 authority in New
Jersey subject to the Commission’s satisfying itself as to
the pricing and OSS issues discussed above." (Footnote
omitted.)
Charles James,
Assistant Attorney General in charge of the Antitrust
Division, had this to say: "Verizon appears to have
generally succeeded in opening its local markets in New Jersey
to competition ... Competitors have made progress in
penetrating the business market in New Jersey, and the
Department believes there are no material obstacles to
residential competition in the state. Questions however,
remain about parts of Verizon's OSS that may merit continuing
attention by the FCC." See, DOJ
release.
The evaluation was prepared by Nancy Goodman, Chief of the
Telecommunications and Media Enforcement Section. This is WC
Docket No. 02-67. |
|
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| FCC Fines SBC for Refusal
to Provide Sworn Statement Re DSL Technology |
4/15. The Federal
Communications Commission (FCC) issued a Forefeiture
Order in which it found that SBC
Communications violated an FCC Enforcement Bureau (EB)
order requiring SBC to provide sworn verification of the truth
and accuracy of answers to a letter of inquiry (LOI) that the
EB issued. The Order fines SBC $100,000.
The Order states that the EB sent "SBC an LOI directing
SBC to provide answers to several questions regarding possible
discrimination by SBC in its provisioning and maintenance of
digital subscriber line (``DSL´´) technology and possible
misrepresentations by SBC to the Bureau. The Bureau further
directed SBC to verify the veracity of its answers by
providing a sworn statement attesting to the truth and
accuracy of the responses."
The Order continues that SBC provided answers, but without the
requisite sworn statement. Further, SBC "disclosed to
Bureau staff that it had intentionally refused to provide the
sworn statement and that it did not intend to comply with that
aspect of the Bureau's order when requested".
The order was adopted by the FCC by a 4-0 vote. It was
released on April 15. It is numbered FCC 02-112. See also, FCC
release. |
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| Supreme Court Grants
Certiorari in Trademark Case |
4/15. The Supreme
Court of the U.S. granted a petition for writ of
certiorari in Moseley
v. Victoria's Secret, a trademark case. At
issue is whether the plaintiff in a lawsuit for violation of
the Federal Trademark Dilution Act (FTDA) must show actual
economic loss. See, Order
List [PDF] at page 2.
Victoria's Secret
filed a complaint in U.S.
District Court (WDKent) against Victor Moseley alleging
trademark infringement and violation of the FTDA, 15
U.S.C. § 1125(c), in connection with his use of the
name "Victor's Little Secret" for a lingerie and
adult toy business. The District Court granted summary
judgment to Moseley on the federal trademark infringement
claims, finding that Victoria's Secret had not provided
sufficient evidence to establish a likelihood of confusion
between the two marks. The District Court also found that the
Victor's Little Secret mark both blurred and tarnished the
Victoria's Secret mark under the FTDA and enjoined Moseley
from making further use of the Victor's Little Secret mark.
Moseley appealed the District Court's FTDA ruling. The U.S. Court of Appeals
(6thCir) issued its opinion
on July 30, 2001, affirming the District Court. It held that
economic harm may be inferred.
The Supreme Court's review will resolve the differences
between various circuits on this issue. See, for example, Nabisco
v. PF Brands, 191 F.3d 208 (2d Cir. 1999) and Ringling
Bros. Barnum & Bailey v. Utah, 170 F.3d 449 (4th Cir.
1999). |
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| Intel and Intergraph Settle
One Lawsuit |
| 4/15. Intel and Intergraph announced
that they have settled a lawsuit pending in the U.S. District Court (NDAlabama).
Intel stated in a release
that "Under terms of the settlement, the companies have
signed a cross license agreement; Intergraph will transfer
ownership of certain unrelated patents to Intel and Intel will
pay Intergraph $300 million." Another lawsuit pending in
the U.S. District
Court (EDTex) will proceed. See also, Intergraph
release. |
|
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| People and Appointments |
4/15. Former Justice of the Supreme Court of the U.S. Byron
White died.
4/15. The Senate approved the nomination of Terrence
O'Brien to be a judge of the U.S. Court of Appeals
(10thCir). |
|
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| More News |
4/15. The General Accounting
Office (GAO) released a letter [PDF]
to Rep. Dick Armey (R-TX) regarding federal funding for
selected surveillance technologies.
4/15. The Copyright
Office (CO) published a notice
in the Federal Register stating that it will hold "a
public roundtable discussion concerning issues raised in the
course of an ongoing rulemaking proceeding to adopt
requirements for giving copyright owners reasonable notice of
the use of their works for sound recordings under the section
114 and 112 statutory licenses and for how records of such use
shall be kept and made available to copyright owners."
Requests to attend or participate must be submitted by close
of business on Monday, May 6, 2002. See, Federal Register,
April 15, 2002, Vol. 67, No. 72, at Pages 18148 - 18149.
4/15. The Supreme Court's Order
List [PDF] of April 15, at page 22, contains the following
item: "D-2295 IN THE MATTER OF DISCIPLINE OF MALCOLM
BRUCE WITTENBERG Malcolm Bruce Wittenberg, of Oakland,
California, is suspended from the practice of law in this
Court, and a rule will issue, returnable within 40 days,
requiring him to show cause why he should not be disbarred
from the practice of law in this Court." On September 4,
2001, Wittenberg plead guilty in U.S. District Court (NDCal)
to one count of insider trading, in violation of 15 U.S.C.
§§ 78j and 78ff. The Plea
Agreement [PDF] states that Wittenberg learned of a
pending merger of Sun
Microsystems and Forte Software in the course of his
representation of Forte, and then traded in Forte stock. The
plea agreement also states that Wittenberg at all relevant
times was a partner in the law firm of Crosby Heafey Roach &
May.
4/15. The Federal Election
Commission (FEC) released a list
of witnesses for its April 17 hearing on proposed
voluntary standards for computerized voting systems.
4/15. The Bureau of Export
Administration (BXA) published a notice
in the Federal Register that its Information Systems Technical
Advisory Committee (ISTAC) will hold a two day meeting on
April 24 and 25. The ISTAC advises the Office of the Assistant
Secretary for Export Administration on technical questions
that affect the level of export controls applicable to
information systems equipment and technology. The meeting will
be open to the public in part, and closed to the public in
part. The open agenda includes a presentation on web based
remote hardware management, a presentation on microelectro-
mechanical (MEMS) technology and applications, and a
presentation on battery and fuel cell technology. See, Federal
Register, April 15, 2002, Vol. 67, No. 72, at Page 18165. |
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| GWU To Host Symposium on
Patents and Standard Setting |
The George Washington
University School of Law will host a symposium on patent
and standards setting on Friday, April 19. The agenda includes
the following.
9:00 AM. Introductory speakers: Michael
Young (GWULS Dean), Daniel Cooperman (Oracle), Amy Marasco (American National Standards
Institute).
9:30 AM - 10:30 AM. Academic presentations: Daniel
Gifford (University of Minnesota Law School), and Mark
Patterson (Fordham University School of Law).
10:45 AM - 11:15 AM. Academic presentations continued: Mark Lemley (Boalt
Hall School of Law).
11:15 AM - 12:00 NOON. Commentary on academic presentations: Stephen
Calkins (Wayne State University), Mark
Janis (University of Iowa College of Law), and Jay Kesan
(University of Illinois College of Law).
1:30 - 2:30 PM. Government presentations: William Kovacic
(General Counsel of the Federal
Trade Commission), and Hewitt Pate (Deputy Assistant
Attorney General, Department of Justice Antitrust Division).
2:30 - 3:30 PM. Business perspectives: Richard Holleman, Scott
Peterson (Hewlett Packard), Daniel
Prywes (Pepper Hamilton), Richard Taffet (Thelen Reid & Priest),
and Earle Thompson (Texas
Instruments).
3:45 - 4:15 PM. Business perspectives continued.
4:15 - 5:15 PM. Legal issues raised by standard setting: Mary
Azcuenaga (Heller Ehrman), David
Balto (White & Case), and Robert
Skitol (Drinker Biddle & Reath).
Registration is required. |
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| About Tech Law Journal |
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Privacy
Policy
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& Disclaimers
Copyright 1998 - 2002 David Carney, dba Tech Law Journal. All
rights reserved. |
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| Tuesday, April 16 |
The House will meet at 12:30 PM for morning hour and 2:00 PM
for legislative business. No votes are expected before 6:30
PM. The House will consider a number of measures under
suspension of the rules.
9:30 AM. Commerce Secretary Don
Evans, Sen. Trent Lott
(R-MS), Sen. Charles
Grassley (R-IA), Sen.
Orrin Hatch (R-UT) and others will hold a press conference
to press Senate Democrats on setting a date to vote on trade
promotion authority legislation. See, DOC
release. Location: Room S-207 (Mansfield Room), Capitol
Building.
9:30 AM. The Senate
Commerce Committee will hold a hearing to examine the Technology Administration
and the NIST,
including the Advanced Technology Program. Location: Room 253,
Russell Building.
10:00 AM. The Senate
Health, Education, Labor, and Pensions Committee will hold
a hearing to examine medical privacy issues. Location:
Room 216, Hart Building.
12:00 NOON. FTC Commissioner Sheila
Anthony will speak at the 45th Annual Food & Drug Law
Institute's Educational Conference. Location: Renaissance
Hotel.
6:00 - 8:15 PM. The FCBA will
host a CLE seminar titled U.S. Spectrum Policy: Convergence
or Co-Existence? This is Part II of a two part series.
6:30 - 8:30 PM. The IP Law Forum of the Women's Bar
Association of DC and the IP Section of the District of
Columbia Bar will host a panel discussion and reception titled
"What Judges Want: Effective Advocacy in Technology
Cases". The speakers will be Judge Paul Michel of the U.S. Court of Appeals (FedCir),
Judge Yvette Kane of the U.S. District Court (WDPenn), and
Judge Marvin Garbis of the U.S. District Court (DMd). The
price to attend is $40. For more information, contact the WBA
at 202 639-8880. Location: Auditorium, The Hirshhorn Museum,
7th Street and Independence Ave., SW. |
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| Wednesday, April 17 |
The House will meet at 10:00 AM for legislative business.
9:00 AM. Oral argument on cross motions for summary judgment
in Swedenburg
v. Kelly, a constitutional challenge by a Virginia winery
and wine consumers to New York State's liquor control law,
which prohibits out of state wineries from selling directly to
New York residents, including via the Internet. Location: U.S.
District Court (SDNY), New York, NY.
9:30 AM - 12:00 NOON. The U.S. International
Telecommunication Advisory Committee (ITAC), which advises
the Department of State on
policy and technical issues with respect to the International Telecommunication
Union (ITU), will meet to prepare for the June 2002
meeting of the Telecommunication Sector Advisory Group (TSAG).
Location: Alliance for
Telecommunications Industry Solutions (ATIS), 1200 G
Street NW, Suite 350.
10:00 AM. The FEC will hold a
hearing regarding proposed voluntary standards for
computerized voting systems. See, witness
list, and notice
in Federal Register.
10:00 AM. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
proposed budget for FY 2003 for the SEC (SEC).
Location: Room H-309, The Capitol.
12:15 PM. The FCBA's
Mass Media Committee will host a brown bag lunch. The speaker
will be Jane Mago, FCC General Counsel. RSVP to: kdole @npr.org. Location: 1st
Floor, NPR, 635 Mass Ave., NW.
12:15 PM. The FCBA's
Online Communications Committee will host a brown bag lunch.
The speaker will be Scott
Marcus, Senior Advisor for Internet Technology at the Federal Communications Commission's
(FCC) Office of Plans and
Policy. The title will be "Broadband, When? -- A View
from OPP". RSVP to Scott Harris at sharris
@harriswiltshire.com. Location: Wiley Rein & Fielding, 1776
K St., NW, 4th Floor Conference Room.
2:00 PM. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
proposed budget for FY 2003 for the FCC. Location:
Room H-309, The Capitol.
2:00 - 3:00 PM. The FCBA's
International Practice Committee will host an event titled
"Today's International Issues". The speaker will be FCC
Commissioner Michael
Copps. RSVP to Scott Harris.
Location: FCC, 445 12th Street, SW. |
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| Thursday, April 18 |
The House will meet at 10:00 AM for legislative business.
8:30 AM. Rep. Joe
Knollenberg (R-MI) will speak at a breakfast hosted by the
Greater Washington Board of Trade's Federal PAC and CapNet. RSVP to either JaimeHjort @bot.org or
202 857-5909. Location: Greater Washington Board of Trade
Board Building, 1129 20th Street, NW, Suite 200.
8:30 AM - 4:00 PM. The Progress
and Freedom Foundation will host an event titled
"Digital Online Content: Creating a Market that
Works". James
Rogan, Undersecretary of Commerce for Intellectual
Property, will speak. Location: J.W. Marriott Hotel, 1331
Pennsylvania Ave, NW.
9:30 AM. The FCC will hold a
meeting. See, agenda.
Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission
Meeting Room).
9:30 AM. The Senate
Commerce Committee will hold an executive session.
Location: Room 253, Russell Building.
9:30 AM - 12:00 NOON. The American
Enterprise Institute (AEI) will host a pair of panel
discussions titled "Gene Related Inventions: Evolving
Patent Standards and Their Consequences". The first panel
will address "Science, Economics, and Patent Law".
The panelists will be Lee Bendekgey (Incyte Genomics), Iain Cockburn
(Boston University), and Rochelle Seide (Baker Botts). The
second panel will be titled "Perspectives from the
Patents and Trademark Office and Capitol Hill". The
panelists will be John Doll (USPTO),
Chris Katopis (House Subcommittee on Courts, the Internet, and
Intellectual Property), Maureen Mellody (office of Rep. Howard Berman
(D-CA)), and Gerald
Mossinghoff (Oblon Spivak). See, agenda and online
registration page. Location: 12th Floor, AEI, 1150 17th
Street, NW.
10:00 AM. The Senate
Judiciary Committee has scheduled a business meeting. The agenda
includes a vote on several pending judicial nominations,
including that of Jeffrey Howard to be a Judge of the U.S. Court of Appeals
(1stCir). The agenda also includes consideration of S
2031, the Intellectual Property Protection Restoration Act
of 2002, a bill to prevent states from recovering damages for
infringement of state owned intellectual property, unless they
have first waived their 11th Amendment sovereign immunity from
suits against them for their infringement of the intellectual
property of others. Location: Room 226, Dirksen Building.
Day one of a two day ALI-ABA
course for inside and outside counsel titled "Trademarks,
Copyrights, and Unfair Competition for the General
Practitioner and the Corporate Counsel". The price to
attend is $685. See, online brochure.
Location: Loews L'Enfant Plaza.
Day one of a two day conference titled "IT Law and the
Response to Terror: New Laws, Rules and Strategies". The
event is hosted by the Computer
Law Association and the FCBA. See,
online brochure
[PDF]. Location: Monarch Hotel, 2401 M Street NW. |
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| Friday, April 19 |
The House will not be in session.
9:00 AM - 5:15 PM. The George
Washington University Law School (GWULS) will host an
event titled Symposium on Patents and Standard Setting.
See, agenda
in GWULS web site. Registration is required. For more
information, contact Prof. Martin Adelman at madelman
@main.nlc.gwu.edu. Location: GWULS, Moot Court Room, 2000
H Street, NW.
12:00 NOON - 2:00 PM. The Progress
and Freedom Foundation will host an event titled
"Privacy Online: A Report on the Internet Practices and
Policies of Commercial Websites". The speakers will
include FTC Commissioner Orson Swindle, Paul Misener (Amazon),
David Klaus (Privacy Leadership Initiative), and Peter Ford
(Australian Attorney General's Department). See, PFF
notice. Location: Room B369, Rayburn Building.
Day two of a two day ALI-ABA
course for inside and outside counsel titled "Trademarks,
Copyrights, and Unfair Competition for the General
Practitioner and the Corporate Counsel". The price to
attend is $685. See, online brochure.
Location: Loews L'Enfant Plaza.
Day two of a two day conference titled "IT Law and the
Response to Terror: New Laws, Rules and Strategies". The
event is hosted by the Computer
Law Association and the FCBA. See,
online brochure
[PDF]. Location: Monarch Hotel, 2401 M Street NW.
Deadline to submit reply comments to the FCC regarding
its annual report to Congress regarding progress made in
achieving the objectives of the ORBIT Act. The next FCC Orbit
Act report is due to Congress on June 15, 2002. See, FCC
notice [PDF].
Deadline to register to attend the "Copyright
Conference" hosted by the USPTO, the
purpose of which is to "discuss current domestic and
international issues vital to the development of e-commerce
with members of the business and intellectual property
communities." See, USPTO
notice. Registration is required. |
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| Monday, April 22 |
Day one of a three day conference of the Electronics Industry Alliance.
See, agenda
[MS Word]. Location: Grand Hyatt Hotel.
12:00 NOON - 2:00 PM. Sen.
John Breaux (D-LA) will speak at a luncheon at the spring
convention of the Electronics
Industry Alliance. Location: Grand Hyatt Hotel.
Extended deadline to file reply comments with the FCC in response
to its notice of proposed rulemaking (NPRM) regarding the
appropriate regulatory requirements for incumbent local
exchange carriers' (ILECs') provision of broadband
telecommunications services. The FCC adopted this NPRM at its
December 12 meeting. This is CC Docket No. 01-337. See, notice
in the Federal Register. See also, Order
[PDF] extending deadline from April 1 to April 22. |
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