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Wire & Cable ASIA – September/October 2007

51

From the

americas

The issue ruled on by the ITC is not the sole patent

dispute between Qualcomm and Broadcom. In late May,

in US District Court in Santa Ana, California, a jury found

for Broadcom on its claim that Qualcomm had infringed

three other patents. The technology covered in those

patents includes methods for transmission of high-speed

data over mobile phones.

Other news of patents . . .

The US Supreme Court has made it more difficult to

obtain a patent, to the future benefit of technology

companies and others that are often accused of

infringing on the patents of others. In a decision

that could have far-reaching implications for rights

in intellectual property, the justices on 30

th

April

unanimously ruled that the prevailing test for whether an

invention is ‘obvious’ – and thus not patentable – was

too rigid.

Last year, the nation’s highest court granted patent infringers

more manoeuvrability against injunctions, and this recent

decision suggests a growing trend in favour of frequently

targeted companies. Critics of the new, fairly high standard

for patentability claim that, without the assurance of a

protective patent, investors would be deterred from funding

new products. US patent law is, of course, applicable only

within US borders.

Business

The Small Business Administration

passes on the pain to its clients

The US Small Business Administration has helped many

fledgling enterprises get started. But recent policy changes

and severe budget and staffing cuts are impacting

the mission of the SBA to the nation’s 25 million small

companies, defined as businesses with 500 or fewer

workers. Since 2001, the agency’s budget has been sliced

nearly in half, to $464 million in the proposed federal budget

for 2008. Cuts in personnel have also been deep, with the

agency having lost 31% of its staff.

The SBA, established by Congress in 1953 to ‘aid, counsel,

assist, and protect’ the interests of small business concerns,

has eased the way for some 20 million of them, and its

portfolio of loans makes it the largest single financial backer

of businesses in the country. It has weathered threats to its

existence and an effort by the administration of President

George W Bush to end its loan programme. But recent

economies implemented by the agency are looking to some

small-business advocates like death by a thousand cuts.

A case in point is the SBA primary loan programme, known

as 7(a), for which the agency has cut funding and restored a

higher fee structure. For a loan up to $150,000 a borrower

must now pay a minimum of $2,000 (previously $1,000)

in upfront fees. For a loan up to $700,000 the fee has

gone from 2.5% to 3%; for loans above $700,000 it remains

unchanged at 3.5%. The SBA has also proposed raising

fees in its micro-loan programme for construction and

expansion of facilities.

Despite the cheese-paring that has been imposed on it, the

SBA notes that its loans still have easier credit terms and

longer repayment periods than those typically offered by

commercial banks. But critics say this rationale obscures an

unacceptable broadening of the definition of small business.

They argue that the agency was founded for worthy

entrepreneurs who may struggle to meet even the cost of a

filing fee.

The higher rates may be having one especially undesirable

effect: diverting borrowers to credit card companies that

pitch to small-business owners, and charge them interest

rates as much as 10 percentage points higher than those

for SBA or other bank loans. The results of a national

survey published 24

th

April by the National Small Business

Association, a private advocacy group, disclosed that

credit cards are a primary source of business funding for

44% of respondents.

The Washington-based NSBA, with a membership of more

than 150,000 small businesses, found that some 71% of

credit-card use for capital needs entails a balance carried

month-to-month, and more of these accounts (71%) carry a

balance now than in 2000 (64%).

In brief . . .

According to the Communications Workers of America,

the US falls well behind some other countries in terms

of how fast data can be moved through the Internet. The

median Internet speed in the US is 1.97 megabits per

second (mbps). The leader, Japan, offers users 61 mbps

at the same price as US service. At least four other

countries also have faster Internet connections than the

US – and there may be more.

As reported by James S Granelli of the

Los Angeles Times

(25

th

June), the communications union advocates measures

to improve access by Americans to faster broadband

connections for business, educational, and medical

purposes. Its report, which relied on the responses of

80,000 Internet users, cited these speeds: South Korea,

45.6 mbps; Finland, 21.7 mbps; Sweden, 18.2 mbps; and

Canada, 7.6 mbps. In the US, Rhode Island had the fastest

median speed, at 5 mbps; Alaska the slowest, at 545 kilobits

per second.

While the median Internet speed in California is, at

1.52 mbps, even slower than the national average, the

big state led by Gov Arnold Schwarzenegger is out

ahead of the pack in ‘smart metering,’ by which power

companies induce customers to voluntarily cut back on

consumption during times of peak demand. Recording

electricity usage at frequent intervals, a smart meter lets

the consumer see the cost of power at particular times

and adjust use accordingly.

California is the leader in installations of these energy-

efficient devices in homes. Within the last year, state

regulators have approved smart meter programmes for

Pacific Gas & Electric and San Diego Gas & Electric, an

affiliate of Sempra Energy. Southern California Edison is

also awaiting approval from California regulators for a new

technology that will allow remote activation of smart meters.

Dorothy Fabian

Features Editor