AU Optronics LCD panels didn’t infringe Thomson Licensing patents, the International Trade Commission ruled. The commission upheld an administrative law judge’s finding of no violation by AU Optronics, but reversed the administrative law judge’s finding that Chimei Innolux infringed a patent held by Thomson, and returned the case to administrative law judge to determine whether certain claims are invalid in view of the ViewFrame II+2 prior art, said the International Trade Commission.
AU Optronics LCD panels didn’t infringe Thomson Licensing patents, the International Trade Commission ruled. The commission upheld an administrative law judge’s finding of no violation by AU Optronics, but reversed the administrative law judge’s finding that Chimei Innolux infringed a patent held by Thomson, and returned the case to administrative law judge to reconsider the decision to exclude the ViewFrame II+2 prior art from consideration, said the International Trade Commission.
Universal’s proposed acquisition of EMI creates “an unfair method of competition” that constitutes “an unreasonable restraint on trade,” because it will “substantially lessen competition” and “likely enhance market power,” two consumer groups said Thursday. In a joint “detailed” report filed with the FTC, the Consumer Federation of America and Public Knowledge said the proposed combination creates a highly concentrated market by eliminating one of the only four major record labels. The deal “results in an increase in concentration across every major product market,” including current and catalogue CDs, digital albums and digital singles, that’s “five times the level that the DOJ/FTC identify as cases of concern,” they said. “In simple terms, the post-merger firm would have a strong incentive and increased ability to exercise market power to undermine, delay, and distort new digital distribution business models, in a market that has been a tight oligopoly for over a decade,” said Mark Cooper, CFA’s director of research and co-author of the report. “The FTC must take steps to prevent the severe harm to competition and consumers.” The report rejects Universal’s claims that piracy will prevent the abuse of market power, citing “consumer purchasing behavior, estimates of elasticities of demand by academics, and marketing research conducted by the music industry.” The report says the industry has “chronically and grossly overestimated the role of copyright infringement in the development of digital distribution.” A Universal representative had no comment right away, and we couldn’t reach a representative of EMI.
Universal’s proposed acquisition of EMI creates “an unfair method of competition” that constitutes “an unreasonable restraint on trade,” because it will “substantially lessen competition” and “likely enhance market power,” two consumer groups said Thursday. In a joint “detailed” report filed with the FTC, the Consumer Federation of America and Public Knowledge said the proposed combination creates a highly concentrated market by eliminating one of the only four major record labels. The deal “results in an increase in concentration across every major product market,” including current and catalogue CDs, digital albums and digital singles, that’s “five times the level that the DOJ/FTC identify as cases of concern,” they said. “In simple terms, the post-merger firm would have a strong incentive and increased ability to exercise market power to undermine, delay, and distort new digital distribution business models, in a market that has been a tight oligopoly for over a decade,” said Mark Cooper, CFA’s director of research and co-author of the report. “The FTC must take steps to prevent the severe harm to competition and consumers.” The report rejects Universal’s claims that piracy will prevent the abuse of market power, citing “consumer purchasing behavior, estimates of elasticities of demand by academics, and marketing research conducted by the music industry.” The report says the industry has “chronically and grossly overestimated the role of copyright infringement in the development of digital distribution."
Universal’s proposed acquisition of EMI creates “an unfair method of competition” that constitutes “an unreasonable restraint on trade,” because it will “substantially lessen competition” and “likely enhance market power,” two consumer groups said Thursday. In a joint “detailed” report filed with the FTC, the Consumer Federation of America and Public Knowledge said the proposed combination creates a highly concentrated market by eliminating one of the only four major record labels. The deal “results in an increase in concentration across every major product market,” including current and catalogue CDs, digital albums and digital singles, that’s “five times the level that the DOJ/FTC identify as cases of concern,” they said. “In simple terms, the post-merger firm would have a strong incentive and increased ability to exercise market power to undermine, delay, and distort new digital distribution business models, in a market that has been a tight oligopoly for over a decade,” said Mark Cooper, CFA’s director of research and co-author of the report. “The FTC must take steps to prevent the severe harm to competition and consumers.” The report rejects Universal’s claims that piracy will prevent the abuse of market power, citing “consumer purchasing behavior, estimates of elasticities of demand by academics, and marketing research conducted by the music industry.” The report says the industry has “chronically and grossly overestimated the role of copyright infringement in the development of digital distribution."
In a case involving U.S. Customs and Border Protection’s tariff classification, and denial of eligibility for NAFTA duty-free entry, of plaintiff’s candied peanuts imported from Mexico in 2007, the Court of International Trade dismissed Rogelio Salazar Cavazos’ claims regarding CBP’s denial of his requested NAFTA importation duty refund claims. CIT said it had no jurisdiction over the matter because Salazar never filed a protest with CBP over its determination of the goods’ NAFTA eligibility. Salazar’s HTS classification protest did not likewise cover NAFTA eligibility, it said, and he was eligible to file a second protest, contrary to his arguments. However, Salazar’s claims challenging CBP’s tariff classification of the goods fall within its jurisdiction, CIT said, because he filed a valid protest that CBP denied, and so did not dismiss those claims.
U.S. Customs and Border Protection posted an updated version of its spreadsheet of ACE ESAR A2.2 (Initial Entry Types) programming issues.
The FCC could face challenges to its DTV viewability proceeding no matter how it resolves the issue. The rules, which require cable operators to deliver the DTV signals of must-carry stations to analog cable subscribers, are set to expire Tuesday. That sunset date itself was the result of a compromise with the cable industry in which cable operators agreed not to sue (CD Sept 13/07 p2). The rules are now set to largely expire after a six-month phase-out period (CD June 4 p4).
The FTC said International Trade Commission exclusion orders in favor of a standard essential patent (SEP) holder, where infringement is based on implementation of standardized technology, “has the potential to cause substantial harm to U.S. competition, consumers and innovation.” It made the statement in response to an ITC request for comments in Investigation Nos. 337-TA-745 and 337-TA-752. The cases involve products such as iPhones and Xbox 360s.
The FTC said U.S. International Trade Commission exclusion orders in favor of a standard essential patent (SEP) holder, where infringement is based on implementation of standardized technology, “has the potential to cause substantial harm to U.S. competition, consumers and innovation.” It made the statement in response to an ITC request for comments in Investigation Nos. 337-TA-745 and 337-TA-752. The cases involve products such as iPhones and Xbox 360s.