To: Paul Engel who wrote (59357 ) 7/7/1998 1:51:00 AM From: greenspirit Read Replies (1) | Respond to of 186894
Paul, it sure is good to be back! And thanks for the welcome. But did you have to mention Yahoo!:-) I bought and sold that stock from 17 to 30 shortly after it's IPO!! Where is my revolver!! I can't believe it hit nearly 200 today!! The person that started that saying "it's never wrong to take a profit" never lived in my Yahoo shoes! I see FORE is looking strong lately. Are you still holding? Great call around 11 last year. I think you missed the bottom by only .50 cents. :-) Here's some good news which may hit the wires tomorrow... Best, Michael ______________________________________________________________________ Article...FILES BRIEF/ Claims Scrutiny Limits Innovation -- CompTIA Weighs In On Intel's Behalf July 7, 1998 COMPUTER RESELLER NEWS : Washington, D.C. -- In what could have an impact on the broader federal suit faced by Intel Corp., the Computing Technology Industry Association (CompTIA) and its Technology Access Action Coalition filed a friend-of-the-court brief supporting Intel in its appeal against Intergraph Corp. In the brief filed with the U.S. Court of Appeals for the Federal Circuit, CompTIA argues that an Alabama U.S. District Court erred when it issued a preliminary injunction to force Intel to share its intellectual property with Intergraph. The brief calls for the court to vacate or reverse its ruling on the grounds that it violates Intel's intellectual-property rights. The U.S. Federal Trade Commission, acting largely on Intergraph's charges, filed a separate antitrust case against Intel that is slated for a preliminary hearing on July 10 before an administrative law judge. While Intel admitted withholding technical microprocessor specifications from Intergraph, it maintains it was justified because Intergraph was threatening it with a patent lawsuit. Intel said it will not share trade secrets with companies that sue it. Intergraph, for its part, said Intel's move was an unfair use of its monopoly power. In a statement last week, Intergraph said the move has cut into its sales and profitability and it would take the company longer to recover from it than first thought. The case exhibits the narrow line that represents "the interaction between intellectual-property law and antitrust law," said Lars Liebeler, a partner with the Washington-based law firm of Thaler & Liebeler, which is representing CompTIA. The district court determined that Intel's refusal to share its information violated antitrust laws, Liebeler said. "And we determined that that's totally inconsistent with the historic and current state of the antitrust law. It may be a matter of contract between the two parties, but it is certainly not an antitrust issue at all," he said. According to the CompTIA brief, the District Court decision "severely undermines the intellectual-property rights that every company in the industry relies upon as the cornerstone of their business." In addition, the brief said that, if allowed to stand, the lower court's opinion "would have a detrimental effect upon technological innovation, investment in research and development and growth throughout the computer industry. Finally, the District Court's opinion will not enhance consumer welfare or promote competition in any meaningful sense." CompTIA argues that the antitrust onslaught against Intel could stifle innovation. "The central driving force behind the advance of technology and the ability of companies to bring new and better products to consumers is the well-developed intellectual-property laws of the United States," CompTIA's brief said. "Subordination of those laws to the antitrust laws would have detrimental effects upon the market-based incentive framework, which fuels the engine of the U.S. economy." Jay Amato, president of Vanstar Corp., Atlanta, who also acts as primary spokesperson for CompTIA's campaign to preserve technology innovation, said the threat of overzealous antitrust enforcement is real. "More and more technology leaders face the threat of stalled innovation," he said. CompTIA members oppose "an expansion of antitrust doctrine that would permit antitrust plaintiffs to force intellectual-property holders to share protected property against their will," the brief said. The policy implications for the industry are extraordinary, and companies need some predictability within the legal system, Liebeler said.