Forcing ISPs to monitor all e-communications on their network to prevent digital piracy would seriously infringe their freedom to conduct their business and may also breach customers’ civil rights, the European Court of Justice said in a closely watched opinion November 24. National authorities and courts must strike a fair balance between protecting intellectual property rights and operators’ businesses, something the Belgian court order against ISP Scarlet failed to do, the court said. The decision will dramatically affect the national and European debate on online copyright infringement, said telecom/Internet independent advisor Innocenzo Genna.
Forcing ISPs to monitor all e-communications on their network to prevent digital piracy would seriously infringe their freedom to conduct their business and may also breach customers’ civil rights, the European Court of Justice said in a closely watched opinion Nov. 24. National authorities and courts must strike a fair balance between protecting intellectual property rights and operators’ businesses, something the Belgian court order against ISP Scarlet failed to do, the court said. The decision will dramatically affect the national and European debate on online copyright infringement, said telecom/Internet independent advisor Innocenzo Genna.
On November 7, 2011, the U.S. brought a case before the Court of International Trade to sue Pier Garden, Inc., a California clothing retailer, for $1.9 million in penalties for allegedly importing apparel during 2004-2006 that was made in China, but claimed to be made in Russia, in order to avoid a quota.
U.S. Customs and Border Protection has posted an updated version of its spreadsheet of ACE ESAR A2.2 (Initial Entry Types) programming issues.
A federal arbiter’s ordering Western Digital to pay Seagate $525 million for allegedly misappropriating trade secrets, harkens back to a time when Western was trying to level the playing field with its rival. The award stems from claims brought in Minnesota’s Hennepin County District Court against Western and one employee in October 2006, Western Digital said. The lawsuit switched to an arbitration case in 2007, a Western Digital spokesman said. The employee involved in the arbitration case and a hearing that began May 23 and ended July 11 hasn’t been identified. But the case appears to have its roots in a lawsuit Seagate filed three years earlier against Western Digital and former Seagate research scientist Peter Goglia in Hennepin County court. Seagate claimed Goglia violated an employment contract barring him from disclosing confidential information. But the case involving Goglia, which remains pending, came to light during a search of U.S. District Court records. Goglia joined Seagate in 1987, following its acquisition of Control Data, and became a “key member” of Seagate’s recording head division’s engineering team, rising to become executive engineering director of Seagate’s advanced mechanical technology division, Seagate said in court papers. Goglia’s division was responsible for developing recording head technology and integrating it with the Seagate’s next generation of products. Goglia joined Western Digital as the hard drive maker shifted to become a vertically integrated company after its 2003 acquisition of recording head technology developer Read-Rite, Seagate said. In its 2004 lawsuit, Seagate accused Western Digital of trying to “poach” its technical employees “on a large-scale basis” as it sought to rebuild Read-Rite R&D group, which suffered departures following the company’s filing for bankruptcy. Western Digital approached “at least” six Seagate senior-level executives with knowledge of trade secrets about joining the company, Seagate said. Goglia left in July 2004, it said. Western Digital plans to appeal the arbiter’s decision, a spokesman said.
The International Trade Commission has voted to institute a section 337 patent-based investigation of certain projectors with controlled-angle optical retarders, components thereof, and products containing same (337-TA-815). The products at issue in this investigation are projectors that display ultra-high resolution images and that are used in various environments including offices, cinemas, and home theaters.
The International Trade Administration has issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on circular welded carbon-quality steel pipe from India, Oman, the United Arab Emirates, and Vietnam (A-533-852, A-523-801, A-520-805, A-522-811, C-533-853, C-523-802, C-520-806, and C-552-810).
U.S. Customs and Border Protection has posted an updated version of its spreadsheet of ACE ESAR A2.2 (Initial Entry Types) programming issues.
The International Trade Commission has voted to institute a section 337 patent-based investigation of certain automotive GPS navigation systems, components thereof, and products containing same (337-TA-814). The products at issue in this investigation are GPS navigation systems and automobiles containing GPS navigation systems.
The International Trade Administration has issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from China (A-570-979 and C-570-980).