Judges pushed a TiVo lawyer well past his time limit, as they asked whether claim language could have prejudiced a jury against EchoStar in the Texarkana, Tex., U.S. District Court. But while hitting TiVo with the most questions in the Thursday oral argument, the Federal Circuit U.S. Appeals Court hinted a split decision was likely, focusing more on the term “separated” than two others disputed by EchoStar and floating questions about an affirm-in-part’s impact on verdict terms.
Adam Bender
Adam Bender, Deputy Managing Editor for Privacy Daily. Bender leads a team of journalists and reports on state privacy legislation, rulemaking and litigation. In previous roles at Communications Daily, he covered telecom and internet policy in the states, Congress and at the FCC. He has won awards for his reporting from the Society of Professional Journalists (SPJ), Specialized Information Publishers Association (SIPA) and the Society for Advancing Business Editing and Writing (SABEW). Bender studied print journalism at American University and is the author of multiple dystopian sci-fi novels. Keep up to date with Bender by reading his blog and following him on social media including Bluesky, Mastodon and LinkedIn.
Demand for infrastructure is increasing as carriers expand business and new buyers enter the market, PCIA President Michael Fitch told us at the PCIA Conference. Businesses are building out spectrum won in the Advanced Wireless Services auction last year and preparing for the 700 MHz auction, he said. Meanwhile, satellite companies looking to build out ATS licenses are increasing their presence at the industry event, he said.
ORLANDO, Fla. -- Removing steady-burning red lights from wireless towers could reduce migratory bird fatalities while quelling tower companies’ cost and public opposition fears, panelists representing tower company and environmental interests said Tuesday at the PCIA conference in Orlando. The migratory bird issue is at the center of a planned FCC rulemaking and litigation in the D.C. Circuit U.S. Appeals Court. PCIA leads a group called Solving the Avian Tower Interaction Committee (STATIC) whose members come from both sides of the debate and aim to reach a voluntary rather than regulatory solution.
ORLANDO, Fla. -- The U.S. needs a “coherent, cohesive and comprehensive” national broadband strategy so it can restore its place as the world leader in telecom, FCC Commissioner Jonathan Adelstein said in a Tuesday PCIA Conference keynote. “Even though we have made strides, I am concerned that we are not keeping pace with our global competitors,” he said. “U.S. consumers are paying twice as much as Japanese customers for connections that are twenty times as slow. This isn’t just a public relations problem, it’s a real productivity problem, and our citizens deserve better.” Adelstein also gave his audience a brief update on FCC designated entity and special access plans.
Nokia pushed harder into software, paying $8.1 billion cash to acquire mapping data giant Navteq. The deal follows several software-focused announcements the past year, as Nokia has tried to reach beyond the hardware focus of Motorola and other historical rivals and lay the basis for fighting future competition from Google, Apple and Microsoft, analysts told us. “This is about growth,” not cost reductions, Nokia Chief Financial Officer Rick Simonson said in a Monday conference call. “Now is a time we can get out ahead of people.”
Vonage’s troubles may not be “that big of a deal” for the VoIP industry, iBasis CEO Ofer Gneezy said in an interview, referring to the four court cases Vonage is involved in (CD Sept 27 p4, Sept 26 p2). IBasis is an all-IP international voice wholesale business that’s U.S. customers include VoIP providers Skype and Yahoo. Cable companies represent the main power in VoIP because they have big brands and bundling opportunities, Gneezy said. He said he would get worried only if “Verizon and Sprint declared battle on the cable industry,” but it’s “very unlikely [telcos and cable companies] will engage in a thermonuclear exchange,” he said. Meanwhile, Vonage and SunRocket “are discussing” the competitor’s allegations that Vonage misuses SunRocket’s customer list, a Vonage spokesman said.
Private equity firm Bain Capital Partners agreed to buy 3Com, the acquired company said Friday. Bain, which this year agreed to acquire Clear Channel, is picking up 3Com for $2.2 billion cash. 3Com’s former joint venture partner Huawei Technology will get an unspecified minority interest and become a commercial and strategic partner of the company. In a teleconference, 3Com CEO Edgar Masri said going private would give the company greater flexibility by taking away the “intense quarterly focus” of publicly held businesses. 3Com considered “a number” of offers, but sold to Bain because they have a history of working together and Bain has a “track record” of success with invested companies, Masri said. 3Com’s board approved the deal, set to close Q1 2008, and plans to recommend that shareholders do the same, 3Com said. 3Com also needs “customary” regulatory approvals. Until the deal is completed, it will be “business as usual” at 3Com, Masri said. In 2003, 3Com and Huawei formed Huawei-3Com technology, a 3Com-controlled joint venture that sold Ethernet and IP switches to enterprise buyers. 3Com paid $882 million in November 2006 to buy Huawei’s 49 percent stake.
Verizon Wireless’s ban of a NARAL Pro-Choice America text-messaging program was an “incorrect interpretation of a dusty internal policy,” the carrier said Thursday, approving NARAL’s planned SMS alerts. But the ban’s reversal may not have cooled outrage about Verizon’s original decision. House Commerce Committee Chairman John Dingell, D-Mich., and FCC Commissioner Michael Copps slammed Verizon’s interference with consumers’ ability to choose the mobile content they can receive.
Shareholders approved a merger of iBasis and Dutch incumbent Royal KPN’s international wholesale voice business, and the deal is set to close Oct. 1, iBasis said Thursday. IBasis gets KPN’s wholesale voice business and $55 million cash, and KPN gets a 51 percent stake in the combined company. The new iBasis will have more than 1,000 customers, and its traffic could make iBasis one of the three largest carriers of international phone calls, iBasis said. The transaction is part of an accelerating “wave of consolidation” in the international voice industry,” iBasis CEO Ofer Gneezy said in an interview.
Two Vonage patents infringe Verizon patents, but a third may not, the Federal Circuit U.S. Appeals Court ruled Wednesday. The court upheld an Alexandria, Va., U.S. District Court patent infringement and injunction decision on two patents, sending a third back to the lower court for revisions to claim construction language. The two patents upheld should not be called invalid due to a recent Supreme Court definition of “obviousness,” but the lower court should discuss that issue for the remanded patent, it said. The court vacated a $58 million plus 5.5 percent royalty damage award since the lower court didn’t specify how the blanket amount was to be divided among the patents.