Senate Judiciary Committee
Approves Patent Reexamination Bills |
6/20. The Senate
Judiciary Committee approved HR 1866,
a bill to clarify the basis for granting requests for
reexamination of patents, and HR 1886,
a bill to provide for appeals by third parties in certain
patent reexamination proceedings.
HR 1886 affords all participants, including third party
requesters, in reexamination proceedings, judicial review
before the U.S. Court of
Appeals (FedCir). Currently, only the patent owner may
appeal an adverse determination. The House passed this bill on
September 5, 2001.
HR 1866 is intended to overturn the 1997 opinion of the U.S. Court of Appeals (FedCir)
in In
Re Portola Packaging. In that case, the Appeals Court held
that the restriction on the scope of reexaminations to
"substantial new questions" precludes the
consideration of prior art that was before the examiner. The
key language of the HR 1866 amends 35 U.S.C. §§ 303(a) and
312(a). It adds the following: "The existence of a
substantial new question of patentability is not precluded by
the fact that a patent or printed publication was previously
cited by or to the Office." The House passed this bill on
September 5, 2001.
The Senate Judiciary Committee also approved an amendment in
the nature of a substitute to S 1754,
a bill to authorize appropriations for the U.S. Patent and Trademark Office
(USPTO) for FY 2002 through FY 2007. |
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House CIIP Subcommittee
Holds Hearing on Patent Reexamination |
6/20. The House
Judiciary Committee's Subcommittee on Courts, the Internet
and Intellectual Property (CIIP) held an oversight hearing
titled "Patent Reexamination and Small Business
Innovation". The House has already passed two bills
pertaining to reexamination -- HR 1886 and HR 1866.
Nevertheless, the hearing addressed these two bills. The
hearing also focused on the views of the independent inventor,
open source, and small business communities.
Rep. Howard Coble
(R-NC), Chairman of the Subcommittee, presided. He stated in
his prepared
testimony that "Several years ago, an expanded
reexamination system was proposed to permit the fuller
participation of third parties. Often, small businesses and
independent inventors are the very entities which cannot
afford expensive federal trial litigation. Yet despite the
benefits of such a system and after much debate, a slimmed
down third party reexamination system was enacted. This
system, while attempting to balance all of the concerns of the
diverse interests, lacked some basic features for its use to
be acceptable. In fact, it has only been used once in the
several years it has been on the books."
He also referenced HR 1886. He stated that "Last
year, the Subcommittee held two hearings and passed a modest,
and badly needed bill to fix that made the third party
reexamination system fair and practical. Specifically,
accountability requires that there is the ability to appeal
the decisions of the PTO to a higher authority."
Rep. John Conyers
(D-MI), the ranking Democrat on the full Committee, expressed
support for HR 1886. He said that when the Congress last
amended the reexamination provisions of the Patent it,
"we may have left out one thing." He stated that by
allowing patent owners, but not third party participants, the
right to appeal, "perhaps we have a lopsided
system."
Rep. Howard Berman
(D-CA), the ranking Democrat on the CIIP Subcommittee, stated
that "I am an advocate for a more robust post grant
patent reexamination procedure." He added that current
procedures "don't allow for effective challenge." He
also stated that HR 1866 and HR 1886
"constitute a good start towards refining the inter
partes reexamination process", but that they "don't
go far enough".
Rep. Berman and Rep.
Rick Boucher (D-VA) are the co-sponsors of two bills
pertaining to patent procedure: HR 1333,
the Patent Improvement Act of 2001, pertaining to opposition
procedures, and HR 1332,
the Business Method Patent Improvement Act of 2001. Rep.
Boucher is also a member of the CIIP Subcommittee. He did not
participate in the June 20 hearing.
Rep. Marty Meehan
(D-MA) stated that "the potential for invalid patents
being issued is very high," and that this leads to
uncertainty and litigation. He added that "patent
reexamination provides a low cost alternative" to
litigation. However, he added that there is "a potential
for its abuse". He stated that he supports HR 1886.
The Subcommittee heard from one panel of witnesses. Mark
Webbink, VP and General Counsel of Red Hat, an open source
software and Linux operating system provider, offered an open
source community perspective on patent law.
He stated in his prepared
testimony that "The open source community largely
disdains patent protection of software. The community does so,
in part, because of a strong perception that, by extending
patent protection to software, software developers are
provided two bites at the intellectual property apple, one
under copyright and a second under patent. The open source
community also believes that patents on software have actually
stifled innovation, rather than promoted it, because software
development occurs at a much more rapid pace than one finds in
the other patent arts. For example, time to market cycles for
software are often measured in months and obsolescence in less
than 10 years. By contrast, the time to market cycle alone for
most pharmaceuticals is in excess of 10 years."
Webbink also stated that "the vast majority of open
source software is developed by the collaborative efforts of
individuals and small businesses. These individuals and
businesses do not, for the most part, enjoy the same degree of
capitalization or financial freedom to invest in patent
protection as the large proprietary software behemoths. These
small companies are at a distinct disadvantage under the law
in protecting themselves from assertions of patent
infringement."
Consequently, Webbink concluded that "it is imperative
that the patent system, including the system for seeking
reexamination of patents, be as unburdened as possible for
third parties seeking to challenge such patents. Such steps
ensure a level playing field and protect the public interest.
To that end, we endorse" HR 1886.
Nancy Linck, General Counsel of Guilford Pharmaceuticals
and a former Solicitor of the USPTO, also expressed support
for HR 1886 in her prepared
testimony.
She stated that "litigation could destroy a small company
like Guilford financially, even though it might ultimately
prevail." (Guilford's 2001 10-K states that the company,
while not yet profitable, spent $54.3 Million on research and
development.)
Linck said that "a strong patent system requires a
meaningful way to challenge invalid patents without
prohibitively costly, time consuming litigation. While the PTO
is doing an outstanding job of examining patent applications,
given the large number of applications and the resources they
have, some patents issue that should not. These invalid
patents stifle innovation and thus hurt the public, including
patent owners.
She continued that "Making certain changes in our inter
partes reexamination system would provide a fast, fair and
effective way to address patents of questionable validity. I
commend the House for taking a first step in that direction by
passing H.R. 1886."
She testified that one of the problems with the current
reexamination process is that "only the patent owner can
appeal to the Federal Circuit." Another problem is that
"the third party requester is estopped from later raising
in federal court any issue it raised or could have raised,
even though it has no right to appeal to the Federal
Circuit." She also stated that "if a third party
chooses reexamination to attack the validity of a patent and
loses, the third party would have great difficulty defending
itself in a later infringement action against a patent that
has been strengthened through reexamination."
She continued that "there is a perception by third
parties that, because the patentee is considered to be the
PTO's customer, the PTO favors the patentee. In fact, given
the time, money and manpower pressures on the PTO, it has a
strong incentive to decide in the patentee's favor, thereby
avoiding an appeal to the Federal Circuit. In addition, if the
PTO rules in the patentee’s favor, there is no threat of
reversal by the court. Because of these limitations and
concerns, third parties do not and will not use the 1999 inter
partes reexamination system. Permitting third parties to
appeal to the Federal Circuit would address these limitations
and concerns ..."
She also said that "In re Portola Packaging ... should be
legislatively overruled to permit the PTO to rely on art
previously in the record". (This is accomplished by HR 1866.)
Finally, Linck said that "PTO should be required to
complete reexamination in an expeditious manner, for example,
within 18 months of the filing of the request."
The Subcommittee also heard from Paul Heckel, an independent
inventor. He stated that "the courts, especially the
Federal Circuit, are strongly biased against independent
inventors". He said that in a study, 13 out of 14
relevant cases in the Federal Circuit went against independent
inventors. He said, "I call this the insider outsider
bias."
The Subcommittee also heard colorful
testimony from another independent inventor, Peter Theis.
He asserted that "independent inventors ... are being
vilified and demonized, ignored and expunged from the fabric
of American society. We
are being taxed for our inventions, denied a period of
exclusivity, and denied justice by the courts."
He also attacked HR 1886. He stated that "This
reexamination act, properly dubbed The Infringer Protection
Act, brings down the cost of defense for infringers.
Reexamination, unlike litigation, eliminates all risk of loss
from an adverse decision. Because an industry can legally gang
up against a patentee, they will succeed in defeating a
patentee, at a low cost, by sequentially raising one
reexamination challenge after another." He continued that
"the worst part of the proposed Infringers Benevolent Act
is that the Federal Circuit can review rational reexamination
rulings of PTO." He also accused the Federal Circuit of
"Orwellian doublespeak".
Rep. Lamar Smith
(R-TX), who is a member of the Judiciary Committee, but not
its CIIP Subcommittee, sat in on the hearing. |
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Rep. Smith Addresses Piracy
in Cyberspace |
6/17. Rep. Lamar
Smith (R-TX), Chairman of the House Judiciary Committee's
Crime Subcommittee, published an essay
titled "Piracy in Cyberspace" in his Congressional
web site.
He compared pirates of intellectual property today to the
buccaneers of the 17th and 18th Centuries who "wrecked
havoc on the high seas". He also stated that
"Pirates affect not only our economic security, they
affect our national security. Their profits fund other illegal
activities, including terrorism."
He also said that "I will introduce legislation to update
and strengthen the federal criminal code, which currently
makes it a crime to traffic in counterfeit labels or copies of
certain forms of intellectual property, but not authentication
features. My legislation will also criminalize trafficking in
counterfeit music, movies and other audiovisual works and it
will give victims of intellectual property theft an
opportunity to recover damages in federal court." |
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Librarian of Congress
Releases Webcasting Rule |
6/20. The Librarian of Congress issued his final
rule providing the terms for the statutory license for
eligible nonsubscription services to perform sound recordings
publicly by means of digital audio transmissions, also known
as webcasting, pursuant to 17 U.S.C.
§ 114, and to make ephemeral recordings of sound
recordings for use of sound recordings under the statutory
license set forth in 17 U.S.C.
§ 112. The Librarian followed the recommendations of the
Register of Copyrights, rather than the CARP.
The Librarian also released a summary
stating that he "has accepted the recommendation of the
Register of Copyrights and rejected the rates and terms
recommended by a Copyright
Arbitration Royalty Panel (CARP) ... The most significant
difference between the CARP's determination and the
Librarian’s decision is that the Librarian has abandoned the
CARP's two tiered rate structure of 0.14˘ per performance for
``Internet only´´ transmissions and 0.07˘ for each
retransmission of a performance in an AM/FM radio broadcast,
and has decided that the rate of 0.07˘ will apply to both
types of transmission."
The rule takes effect on September 1, 2002.
On February 2, 2002, the CARP released its report
[143 pages in PDF] recommending that both webcasters and
commercial broadcasters pay a performance fee of 0.07˘ per
performance, and 9% of performance fees due, for simultaneous
Internet retransmissions of over the air AM or FM radio
broadcasts. It recommended that the performance fee be 0.14˘
per performance and 9% of performance fees due for all other
Internet transmissions.
The CARP further recommended that non commercial broadcasters
pay a performance fee of 0.02˘ per performance for
simultaneous Internet retransmissions of over the air AM or FM
radio broadcasts, and 0.05˘ for other Internet transmissions,
including up to two side channels of programming consistent
with the public broadcasting mission of the station.
On May 21 the Librarian of Congress, at the recommendation of
the Register of Copyrights, Marybeth
Peters, issued an order
rejecting the CARP's February 20 determination.
Cary Sherman, President of the Recording
Industry Association of America (RIAA), stated in a
release that "The import of this decision is that artists
and record labels will subsidize the webcasting businesses of
multi billion dollar companies like Yahoo, AOL, RealNetworks
and Viacom. The rate, which cannot be squared with the
decision of the arbitration panel, simply does not reflect the
fair market value of the music as promised by the law. This
decision will certainly reinforce the steadfast opposition of
copyright owners to compulsory licensing."
John Simson, Executive Director of SoundExchange, stated
in a release that "Today's decision by the Librarian of
Congress, which disregarded voluminous economic and business
evidence supporting a significantly higher rate, means that
once again artists and record companies will not receive fair
value for their labors. There is a reason why we have the
expression, ``I can get it for a song´´. It is because we,
as a culture, devalue artistic creation. This is just another
example of that cultural discrimination. Recording artists and
sound recording copyright owners should not be forced to
subsidize the growth of webcasting as we've been forced to
subsidize the radio industry for the past 70 years. Fair and
equitable royalties and nothing less should be paid when
recordings are used to build these new businesses." |
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NTIA Director Victory
Addresses Obstacles to Broadband Deployment |
6/19. National
Telecommunications and Information Administration (NTIA)
Director Nancy
Victory gave a speech
in Washington DC titled "U.S. and European Approaches to
the Future of Broadband". One of the issues which she
addressed was "unnecessary government impediments to
broadband competition and deployment"; that is, state and
local government rights of way management.
She stated that "This is one issue where all sectors of
the broadband industry -- Bell Operating Companies, CLECs,
cable providers, cable companies, overbuilders, and wireless
providers -- actually share the same point of view. All
participants are concerned that restrictions by certain
municipalities and federal government landowners on accessing
public rights of way and tower sites might be inhibiting or at
least delaying broadband network construction."
She continued that "NTIA is working closely with the
National Association of Regulatory Utility Commissioners (NARUC),
and particularly its Rights of Way Study Committee, to help
identify best practices and recommendations for state actions
to streamline the current process. NTIA is also meeting with
representatives of the cities and their associations, such as
the National Association of Telecommunications Officers and
the National League of Cities, to identify means for improving
and simplifying their current processes, while ensuring
sufficient flexibility for municipalities to best serve their
citizens. NTIA is also launching an initiative to streamline
and improve the rights of way oversight practices of federal
government agencies."
She also reviewed other Bush administration policies, current
Federal Communications Commission (FCC) broadband related
proceedings, spectrum management and Third Generation wireless
issues, and ICANN governance. |
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Ridge Testifies on
Department of Homeland Security |
6/20. The Senate
Governmental Affairs Committee held a hearing to examine
the President's proposal to create a Department of Homeland
Security (DHS). Tom Ridge, Director of the President's Office
of Homeland Security addressed many topics in his prepared
testimony [PDF] including the DHS's division for
information analysis and infrastructure protection.
Ridge stated that this section "would complement the
reforms on intelligence and information sharing already
underway at the FBI and the CIA. The Department would analyze
information and intelligence for the purpose of understanding
the terrorist threat to the American homeland and foreseeing
potential terrorist threats against the homeland."
He continued that the DHS "would comprehensively assess
the vulnerability of America’s key assets and critical
infrastructures, including food and water systems,
agriculture, health systems and emergency services,
information and telecommunications, banking and finance,
energy (electrical, nuclear, gas and oil, dams),
transportation (air, road, rail, ports, waterways), the
chemical and defense industries, postal and shipping entities,
and national monuments and icons."
He concluded that the DHS "would for the first time merge
under one roof the capability to identify and assess threats
to the homeland, map those threats against our
vulnerabilities, issue timely warnings, and organize
preventive or protective action to secure the homeland."
See also, opening
statement by Sen.
Joe Lieberman (D-CT). |
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House Commerce Committee
Members Write Ridge Re Critical Infrastructure Protection |
6/20. Rep. Billy
Tauzin (R-LA), Chairman of the House Commerce Committee,
and other Republican members of the Committee, wrote a letter
to Tom Ridge, Director of the Office of Homeland Security,
regarding the President's proposal to create a new Department
of Homeland Security.
They expressed "support for the efforts of the Office of
Homeland Security to coordinate a comprehensive and consistent
approach for assessing threats and vulnerabilities posed by
potential terrorist actions to America's critical
infrastructures and manufacturing facilities. These include
both publicly and privately owned assets that are integral to
the delivery of telecommunications and information technology
services, the production and distribution of energy, and the
delivery of safe food and drinking water, as well as
manufacturing facilities that may be targets of potential
terrorist actions."
They also expressed concern about the environmental reporting
requirements of the Clean Air Act. They wrote that "we
must ensure that vulnerability assessments are never allowed
to be used as roadmaps for terrorist action."
The letter was signed by Rep. Tauzin, Rep. Fred Upton (R-MI),
Chairman of the Subcommittee on Telecommunications and the
Internet, and six other members of the House Commerce
Committee. |
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SEC Initiates Rule Making
Proceeding |
6/20. The Securities and
Exchange Commission (SEC) proposed rules to reform
oversight and improve accountability of auditors of public
companies. See, SEC release.
The proposed rules would establish a system based on Public
Accountability Boards (PAB). The proposed rules would provide,
among other things, that the financial statements of SEC
registered companies would not be deemed to comply with SEC
requirements unless the company's outside auditors were
members of a PAB. The SEC would also recognize and oversee
PABs. Also, each PAB would be required to be dominated by
persons not associated with the accounting profession.
Harvey
Pitt, Chairman of the SEC stated that "The PAB will
conduct frequent audit quality reviews -- every year for at
least those firms that audit over 80% of public companies,
which represents well over 90% of our market capitalization.
Moreover, the PAB will discipline individual accountants or
whole firms for unethical or incompetent conduct; and
discipline accounting firms lacking quality control systems
that meet or exceed the highest professional standards. The
PAB's disciplinary and remedial arsenal will include fines,
censures, removal from client engagements, limitations on
activities and suspension from auditing SEC clients. Those
failing to cooperate could be barred from doing public
audits." See, Pitt
transcript.
Pitt also said that "Some speculate we are competing with
Congress to see who gets to solve our crisis of confidence. No
such rivalry exists -- the only important thing is that this
crisis is resolved. We've said all along, and proven, that we
will work with both Houses of Congress in the development of
legislative solutions to problems we've identified." |
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More News |
6/20. The Federal
Communications Commission (FCC) released a Notice
of Apparent Liability (NAL) proposing a $1,200,000 fine
against WebNet Communications for slamming. The NAL states
that "we find that WebNet Communications, Inc. (WebNet)
apparently willfully or repeatedly violated section 258 of the
Communications Act of 1934, as amended (the Act), as well as
Commission rules and orders, by changing the designated
preferred carriers of 20 consumers without their authorization
and verification, a practice commonly known as ``slamming.´´
Based upon our review of the facts and circumstances
surrounding the violations, we find WebNet apparently liable
for a forfeiture in the amount of $1,200,000." (Footnotes
omitted.) See also, FCC
release.
6/20. The National
Telecommunications and Information Administration (NTIA)
published in its web site an amendment
to its contract with NeuStar regarding management of the .us
top level domain. |
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Gordon Moore Awarded
Presidential Medal Of Freedom |
6/20. President Bush announced recipients of the
Presidential Medal of Freedom. The list includes Gordon
Moore, co-founder of Intel.
See, White
House release. Moore postulated Moore's
Law, which predicts that the number of transistors that
could be placed on a computer chip will double every couple of
years. |
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Friday, June 21 |
The House will meet at 9:00 AM for legislative business.
8:30 - 9:30 AM. The U.S.
Chamber of Commerce will host a breakfast. The speaker
will be Nick Calio, Assistant to the President for
Legislative Affairs. Webcast. Location: 1615 H Street, NW.
9:00 AM. FTC Commissioner Mozelle
Thompson will be the keynote speaker at the National
Energy Marketers Association's Annual Membership Meeting.
Location: Marriott Metro Center, 775 12th Street, NW.
1:00 PM. The FCC will hold a
meeting to receive input from industry and other affected
parties on proposals to reform the FCC's universal service
contribution methodology. See, notice
[PDF]. Location: FCC, Room TW-C305, 445 12th Street, SW.
1:30 - 3:30 PM. The U.S. International Telecommunication
Advisory Committee Telecommunication Advisory Committee
Radiocommunication Sector (ITAC-R) will hold a meeting. The
purpose of the Committee is to advise the Department of State
on policy and technical issues with respect to the
International Telecommunication Union (ITU). This meeting will
address activities of the Study Groups of the ITAC-R,
preparations for the upcoming WRC-03 and guidelines for ITAC-R
participation. See, notice
in Federal Register. Location: Department of State, Room 1408.
Day four of a four day conference titled "INET 2002:
Internet Crossroads: Where Technology and Policy
Intersect". See, conference
information page. Location: Crystal Gateway Marriott,
Arlington, VA. |
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Saturday, June 22 |
10:00 AM - 5:00 PM. The Electronic
Privacy Information Center (EPIC) and others will host an
event titled "The Public Voice in Internet Policy
Making". At 10:10, Paul Margie, Legal Advisor to FCC
Commissioner Michael
Copps will speak on "Privacy Challenges for Internet
Users in Europe". Following Margie, Erika Mann, a Member of
the European Parliament, will speak. See, agenda.
RSVP to publicvoice02
@epic.org. For more information contact Sarah Andrews at andrews @epic.org.
Location: Crystal
Gateway Marriott, 1700 Jefferson Davis Highway, Arlington,
VA. |
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Monday, June 24 |
10:00 AM - 1:00 PM. The FCC will hold
an en banc hearing on broadcast and cable equal employment
opportunity rules. Location: Room TW-C305, FCC, 445 12th
Street, SW.
Day one of a two day conference hosted by the Computer & Communications
Industry Association (CCIA)
titled "2002 Washington Caucus". The scheduled
speakers include Glenn Hubbard (Council of Economic Advisors),
Rep. Nancy Pelosi
(D-CA), Sen. Chuck Hagel
(R-NE), Mozelle Thompson (FTC), Bruce Mehlman (Technology Administration), Rep. Howard Berman
(D-CA), and Rep. Zoe
Lofgren (D-CA). See, CCIA notice.
Location: Willard Hotel. |
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Tuesday, June 25 |
9:30 - 11:30 AM. The FCC's WRC-03
Advisory Committee, Informal Working Group 7: Regulatory
Issues and Future Agendas will meet. Location: Boeing Company,
1200 Wilson Blvd. Arlington, VA.
10:00 AM. The Senate
Judiciary Committee's Subcommittee on Technology,
Terrorism, and Government Information will hold a hearings on
the President's proposal for reorganizing homeland defense
infrastructure. Location: Room 226, Dirksen Building.
1:00 PM. The Senate
Commerce Committee's Subcommittee on Science, Technology,
and Space, and the House
Science Committee (HSC) will hold a joint hearing to
examine the use of science and technology to combat terrorism.
See, HSC
notice. Location: Room 2318, Rayburn Building.
Day two of a two day conference hosted by the Computer & Communications
Industry Association (CCIA)
titled "2002 Washington Caucus". The scheduled
speakers include Glenn Hubbard (Council of Economic Advisors),
Rep. Nancy Pelosi
(D-CA), Sen. Chuck Hagel
(R-NE), Mozelle Thompson (FTC), Bruce Mehlman (Technology Administration), Rep. Howard Berman
(D-CA), and Rep. Zoe
Lofgren (D-CA). See, CCIA notice.
Location: Willard Hotel. |
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Wednesday, June 26 |
8:30 AM - 2:00 PM. The Progressive
Policy Institute (PPI) will host a conference on President
Bush's proposal to establish a Department of Homeland
Security, including how technology and private sector
entrepreneurial talents can be tapped to help break down the
bureaucratic barriers to sharing information and assessing
threats. The scheduled speakers include Sen. Joe Lieberman
(D-CT), Rep. Ellen
Tauscher (D-CA), Rep.
James Moran (D-VA), Rob Atkinson (PPI's Technology &
New Economy Project), John Cohen (PPI), and Thomas Siebel
(Ch/CEO of Siebel Systems). See, PPI
notice. Location: The Hotel Washington, 515 15th Street,
NW.
9:30 AM. The Senate
Governmental Affairs Committee will hold a hearing to
examine the relationship between a Department of Homeland
Security and the intelligence community. Location: Room 342,
Dirksen Building.
10:00 AM. The Senate
Judiciary Committee will hold a hearing to examine the
President's proposal for reorganizing our homeland defense
infrastructure. Location: Room 226, Dirksen Senate Office
Building.
10:00 AM. The House
Commerce Committee's Subcommittee on Telecommunications
and the Internet will hold a hearing titled Area Code
Exhaustion: What are the Solutions? Webcast. Location:
Room 2322, Rayburn Building.
10:30 AM. The House Armed
Services Committee will hold a hearing on the President's
proposal to create a new Department of Homeland Security and
its impact on the Department of Defense. Location: Room 2118,
Rayburn Building.
6:30 - 8:30 PM. The FCBA's
Young Lawyers Committee and Georgetown University Law Center
(GULC) will hold a CLE seminar titled Accounting Issues for
Telecommunications Lawyers. For more information, contact
the GULC at 202 662-9890 or cle@law.georgetown.edu.
Location: Piper Marbury Rudnick & Wolfe, 1200 19th Street,
NW. |
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Thursday, June 27 |
9:00 AM - 4:30 PM. The Agriculture Department's Rural Utilities
Service (RUS) will hold a meeting to receive public input
on "the challenges of deploying broadband services to
rural America, the successes, the role of competition in
providing access to rural areas". See, notice
in Federal Register. Location: Room 0348, South Building, U.S.
Department of Agriculture, 1400 Independence Ave., SW.
12:00 NOON - 1:30 PM. The FTC's Bureau of
Competition will hold a public workshop on merger
investigation best practices. This is the sixth workshop of a
seven part, five city, series. See, FTC release.
Location: FTC, Room 332, 600 Pennsylvania Avenue NW.
12:00 NOON. The Cato Institute
will host a panel discussion titled "Antitrust Flies
High: Is the Orbitz Investigation Good News for
Consumers?" The scheduled speakers are Gary Doernhoefer
(Orbitz), James DeLong (Competitive
Enterprise Institute), Andrew Steinberg (formerly with
Travelocity.com), Thomas Lenard (Progress
and Freedom Foundation), and Robert Atkinson (Progressive Policy Institute).
Lunch will follow. Webcast. See, notice.
Location: Cato, 1000 Massachusetts Ave., NW.
1:00 PM. The Senate
Governmental Affairs Committee will continue its hearing
to examine the relationship between a Department of Homeland
Security and the intelligence community. Location: Room 342,
Dirksen Building. |
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People and Appointments |
6/20. Senate
Judiciary Committee held a executive business meeting. It
held over the nomination of Lavenski Smith to be a
Judge of the U.S. Court of Appeals (8thCir). The Committee
unanimously approved the nominations of David Cercone
to be a Judge of the U.S. District Court (WDPenn), Morrison
England to be a Judge of the U.S. District Court (EDCal), Kenneth
Marra to be a Judge of the U.S. District Court (SCFl). |
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