August 2020

Gesmer Updegrove LLP Files Comments and Recommendations With Department of Commerce

[This post is adapted from Andrew Updegrove’s August 5, 2020 post]

Since May of 2019, standards setting organizations (SSOs) and U.S. companies have been struggling with the blowback from the decision by the U.S. Department of Commerce (DoC) to add Huawei and scores of its affiliated companies to the “Entity List” maintained by the U.S. Bureau of Industry and Security. In June of 2020, the DoC released a long-awaited “Interim Final Rule,” providing a safe harbor for U.S. companies and Huawei et al. to work together on standards. The DoC set a deadline of August 17, 2020 for interested parties to submit recommendations to improve the Interim Final Rule. 

In response to DoC’s request for recommendations Gesmer Updegrove LLP prepared a detailed comment letter which it has submitted on behalf of itself, multiple clients and other SSOs. 

The concerns addressed in these comments arise from the fact that U.S. law prevents U.S.Read the full article

Orace v. Google

Will the Supreme Court dodge the thorny copyright infringement issues in the long-running (ten year) Oracle v. Google case on a technicality? The case was originally scheduled to be argued in March 2020, but after Covid-19 it was deferred to the 2020-21 term. Then, on May 4, 2020 the Court ordered the parties to file supplemental briefs:

“The parties are directed to file supplemental letter briefs addressing the appropriate standard of review for the second question presented, including but not limited to the implications of the Seventh Amendment, if any, on that standard. The briefs, not to exceed 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, August 7, 2020.”

The “second question presented” is Google’s appeal of the Federal Circuit’s 2018 decision reversing a trial jury’s fair use finding in favor of Google. The “standard of review” is a reference to the “de novo” standard used by the Federal Circuit in the opinion under review.Read the full article