JDS Uniphase

(JDSU)

was up 2% in late morning trade after

Deutsche Banc Alex. Brown

reiterated its buy rating, saying it believes

Justice Department

approval of the merger with

SDL

(SDLI)

is imminent and should benefit the stock.

But the brokerage cautioned that inventory and capital spending issues could make it tough for the fiber-optic company to achieve its growth targets. SDL was up 1.9%.