1/17. The Bush administration announced that it will obtain approval from the Foreign Intelligence Surveillance Court (FISC) to conduct terrorism related electronic surveillance where one party is in the U.S. and one party is outside of the U.S.

President Bush and the Department of Justice (DOJ) had previously relied upon Presidential Constitutional authority, and the Congressional resolution authorizing the use of force (which is Public Law No. 107-40, adopted on September 18, 2001), and did not obtain FISC, or other court, approval.

This electronic surveillance program, which is conducted by the National Security Agency (NSA), and which the Bush administration has titled "Terrorist Surveillance Program" and "TSP", was first publicly disclosed by the New York Times in December of 2005. Some members of the House and Senate have disputed the President's authority to conduct this electronic surveillance program outside of the context of the Foreign Intelligence Surveillance Act (FISA).

Also, the ACLU and others challenged the legality of this program. On August 17, 2006, the U.S. District Court (EDMich) issued its opinion [44 pages in PDF] in ACLU v. NSA, enjoining the program. See, story titled "District Court Holds NSA Surveillance Program Violates Constitution" in TLJ Daily E-Mail Alert No. 1,433, August 17, 2006. That order is stayed, and the case is on appeal.

The DOJ wrote in a letter [PDF] to the U.S. Court of Appeals (6thCir) on January 17, 2007, that "a Judge of the Foreign Intelligence Surveillance Court has issued orders authorizing the Government to target for collection international communications into or out of the United States where there is probable cause to believe that one of the communicants is a member or agent of al Qaeda or an associated terrorist organization, and that, as a result of these orders, any electronic surveillance that was occurring as part of the TSP will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court. In light of these circumstances, the President has determined not to reauthorize the Terrorist Surveillance Program when the current authorization expires."

This case is American Civil Liberties Union, et al. v. National Security Agency, et al., U.S. Court of Appeals for the 6th Circuit, App. Ct. Nos. 06-2095 and 06-2140.

This letter to the Court of Appeals also attaches a letter to Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), and Sen. Arlen Specter (R-PA), the ranking Republican on the SJC.

This letter to the Senators adds that "In the spring of 2005 -- well before the first press account disclosing the existence of the Terrorist Surveillance Program -- the Administration began exploring options for seeking such FISA Court approval. Any court authorization had to ensure that the Intelligence Community would have the speed and agility necessary to protect the Nation from al Qaeda -- the very speed and agility that was offered by the Terrorist Surveillance Program. These orders are innovative, they are complex, and it took considerable time and work for the Government to develop the approach that was proposed to the Court and for the Judge on the FISC to consider and approve these orders."

This letter continues that "The President is committed to using all lawful tools to protect our Nation from the terrorist threat, including making maximum use of the authorities provided by FISA and taking full advantage of developments in the law. Although, as we have previously explained, the Terrorist Surveillance Program fully complies with the law, the orders the Government has obtained will allow the necessary speed and agility while providing substantial advantages."

The DOJ did not release details of the new FISC process.

Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), stated in a release that "I welcome the President's decision not to reauthorize the NSA's warrantless spying program and instead to seek approval for all wiretaps from the Foreign Intelligence Surveillance Court, as the law has required for years."

"We must engage in all surveillance necessary to prevent acts of terrorism, but we can and should do so in ways that protect the basic rights of all Americans including the right to privacy.  The issue has never been whether to monitor suspected terrorists but doing it legally and with proper checks and balances to prevent abuses." Sen. Leahy (at right) added that "Providing efficient but meaningful court review is a major step toward addressing those concerns."

Sen. Arlen Specter (R-PA), the ranking Republican on the SJC, spoke on the floor of the Senate. He said that he is "glad".

He opposes warrantless electronic surveillance. He introduced S 4051, the "Foreign Intelligence Surveillance Oversight and Resource Enhancement Act of 2006", in the 109th Congress, which he reintroduced as S 187 in the 110th Congress, to address this issue.

He said that "When the matter moved into litigation in the federal court in Detroit declared the surveillance program unconstitutional and then the appeal was taken to the 6th Circuit I introduced substitute legislation, S. 4051, last year and reintroduced it already this year, which would provide for expedited review in the federal courts and a mandate that the Supreme Court take it up and arrangement where the Administration had disclosed and there were changes made in the Foreign Intelligence Surveillance Act there could be a warrant for all out-going calls but not in-coming calls because there were so many."

He added, "I am glad to see that we may now have all of that resolved. We are not sure; I want to know all of the details of this program."

1/17. The five Commissioners of the Federal Communications Commission (FCC) gathered at the FCC headquarters in Washington DC to hear reports from the heads of various bureaus and offices of the FCC. The Commission adopted no orders at this event. After this annual ceremony, Chairman Kevin Martin held a news conference with reporters.

These heads of bureaus and offices gave brief overviews of their activities in the past year, and outlined some of the major active proceedings. The Commissioners thanked them, and their staffs, for their hard work and good service, and stated that they looked forward to working with them this year.

See, FCC web page with hyperlinks to presentation slides used by the heads of bureaus and offices at this January 17 event.

Martin (at right) began his news conference by providing an overview of the Commission's near term priorities. He said that the "number one" priority of the Commission is broadband deployment and access to new technologies.

He said that the Commission's activities regarding broadband will increasingly focus on the wireless front.

He said that the Commission will continue to be active on competition in video services. Among the issues will be competitors' access to programming, multi-unit dwellings, and pole attachments.

He said that the Commission will address consumer protection, especially in the context of privacy and CPNI and early termination fees of wireless carriers.

He said that the Commission will continue to address public safety and homeland security issues, including law enforcement "access to communications" (he did not use the term surveillance) and 911.

He also said that "competition will be the best protector of consumer interests", but that the Commission will not be afraid to step in with regulation in areas such as "privacy" and "public safety goals".

Martin then took questions from reporters, many of which pertained to media ownership, and the FCC's various proceedings regarding the regulation of ownership of media, and transitioning to digital television.

Privacy/CPNI. Martin also answered questions regarding privacy and CPNI. He said that this item is on circulation, and could be adopted at any time. He added that if the Commission does not act before the February 23 meeting, he would put this on the agenda for that meeting.

The CPNI statute, which is codified at 47 U.S.C. § 222(c), requires carriers to keep confidential the customer proprietary network information (CPNI) that they possess. Martin did not discuss what entities would be affected by the FCC's new rules. However, he used the word "carriers".

He also said that the FCC is considering requiring carriers to use passwords or passcodes before they can divulge information either online or over the telephone. He also discussed sharing of information among carriers. He said that the FCC is considering requiring consumer consent for this.

The FCC's open rulemaking proceeding is Docket No. 96-115 and RM-11277. The FCC adopted its NPRM on February 10, 2006. See, story titled "FCC Adopts NPRM Regarding Privacy of Consumer Phone Records" in TLJ Daily E-Mail Alert No. 1,308, February 13, 2006. It released the text [34 pages in PDF] on February 14, 2006. The NPRM is FCC 06-10. See also, story titled "FCC Rulemaking Proceeding on CPNI May Extend to Internet Protocol Services" in TLJ Daily E-Mail Alert No. 1,310, February 15, 2006.

Ownership. With respect to the FCC's media ownership proceedings, Martin would make no predictions regarding when the Commission would act. He said that there are still more hearings to be scheduled and held, and a record to be developed.

He also addressed the FCC's cable ownership proceeding opened in September of 2001. He said that the FCC should either bring that to a conclusion, or seek comment on it in the context of the other media ownership issues. He did not express a preference for either alternative.

Early Termination Fees. He also discussed early termination fees of wireless carriers. He said that the Commission could act in that proceeding within two or three months of its February 23 meeting.

The Cellular Telecommunications & Internet Association (CTIA) has filed a petition for declaratory ruling with the FCC seeking a ruling that early termination fees in wireless carriers' service contracts are "rates charged" for CMRS within the meaning of 47 U.S.C. § 332(c)(3)(A). This proceeding is WT Docket No. 05-194.

Martin also commented on FCC authority. He compared 911 regulation to regulation of early termination fees. He said that the state of Minnesota had imposed 911 regulation upon VOIP service providers. Service providers requested relief from the FCC, and the FCC declared that the service at issue is interstate and cannot be regulated by states. See, Memorandum Opinion and Order [41 pages in PDF], story titled "FCC Adopts Order on Vonage's VOIP Petition" in TLJ Daily E-Mail Alert No. 1,015, November 10, 2004, and story titled "FCC Releases Vonage VOIP Order" in TLJ Daily E-Mail Alert No. 1,018, November 15, 2004.

However, Martin continued, the FCC then turned around and imposed VOIP 911 regulation itself. See, FCC's May 19, 2005, First Report and Order and Notice of Proposed Rulemaking [90 pages in PDF]. This item is FCC 05-116 in WC Docket No. 04-36 and WC Docket No. 05-196. See also, stories titled "FCC Adopts Order Expanding E911 Regulation to Include Some VOIP Service Providers", "Summary of the FCC's 911 VOIP Order", "Opponents of FCC 911 VOIP Order State that the FCC Exceeded Its Statutory Authority", and "More Reaction to the FCC's 911 VOIP Order", in TLJ Daily E-Mail Alert No. 1,139, May 20, 2005; and story titled "FCC Releases VOIP E911 Order" in TLJ Daily E-Mail Alert No. 1,148, June 6, 2005.

Martin argued that if the FCC preempts state authority, this does not imply that the FCC is taking an anti-consumer position.

Other Issues. The Hollywood Reporter asked Martin about broadcaster liability for crowd noise, such as spectators holding up signs. Catherine Bohigian (Chief of the FCC's Office of Strategic Planning and Policy Analysis) instructed Martin not to answer, on the grounds that there is pending litigation. Martin declined to answer, on the grounds that there is pending litigation.

Multichannel News asked if the FCC would limit cable and telco participation in auctions for the sale of spectrum returned as a result of the DTV transition, to ensure that there would be an independent third broadband service provider. Martin said that "I don't have any particular thoughts on it", but that there must be "neutral criteria" and the FCC must treat all platforms the same.

Martin was asked how the FCC would react to proposed mergers of satellite radio companies XM and Sirius, or satellite TV companies Directv and Echostar.

Martin said that the FCC will take a look at anything that comes before it. However, he added, with respect to satellite radio, that there is a prohibition against one entity owning both providers. Also, he noted that the FCC previously rejected a satellite TV merger. See, story titled "FCC Declines to Approve EchoStar DirectTV Merger" in TLJ Daily E-Mail Alert No. 528, October 11, 2002.

Martin also touched on universal service, intercarrier compensation, broadcasters' sale of air time, and Kyle McSlarrow's comments about a time warp at the FCC.

Martin declined to discuss some other issues, such as the FCC's pending proceeding regarding cable program access.

1/17. Attorney General Alberto Gonzales gave a speech regarding the federal judiciary. He said that there should be more federal judges, and that they should be paid more. He opposed judicial activism. Also, he wants the Democratic Senate to approve President Bush's judicial nominees.

He also opposed the creation of an Inspector General (IG) for the federal judiciary. There were bills in the 109th Congress that would have created an IG. On April 27, 2006, Rep. James Sensenbrenner (R-WI) and Rep. Lamar Smith (R-TX) introduced HR 5219, the "The Judicial Transparency and Ethics Enhancement Act of 2006", while Sen. Charles Grassley (R-IA) introduced S 2678, the companion bill in the Senate. The House Judiciary Committee (HJC) approved HR 5219 on September 27. The full House did not act on the bill. Neither the Senate Judiciary Committee (SJC), nor the full Senate, acted on the Senate bill.

Gonzales (at right) advocated raising the pay of federal judges. He also advocated creating more judgeships.

He said that judicial independence does not mean immunity from criticism. He said that "criticism comes with the territory".

He argued against judicial activism. He said that "when courts apply an activist philosophy that stretches the law to suit policy preferences, they actually reduce the credibility and authority of the Judiciary. In so doing, they undermine the rule of law that strengthens our democracy".

He added that "If the American people disagree with a law Congress has enacted or a policy of the Executive Branch, they have the right to vote Congress or the President out of office. That is the method by which the Constitution keeps control in the hands of the people and keeps our limited government limited."

He discussed, briefly and in very broad strokes, some of the criteria used by the Bush administration to select judicial nominees.

Finally, he discussed the Senate's power of "advice and consent". Gonzales said that "when the Framers provided for nominations to proceed with the advice and consent of the Senate, they assumed that body would at least consider the nominees." He noted that there are many vacancies, some of which the Administrative Office of the U.S. Courts has designated "judicial emergencies".

"The President has nominated, and is continuing to nominate, strong candidates to fill these vacancies, and we look forward to working with the Senate to confirm them", said Gonzales.

Gonzales spoke at the American Enterprise Institute (AEI) in Washington DC.

The House will meet at 10:00 AM for legislative business. It may consider legislation related to student loans. See, Majority Leader's calendar [PDF].

The Senate will meet at 10:00 AM. It will resume consideration of S 1, the "Legislative Transparency and Accountability Act of 2007".

9:00 AM - 4:00 PM. Day one of a two day public meeting of the Federal Accounting Standards Advisory Board (FASAB). See, notice in the Federal Register, July 12, 2006, Vol. 71, No. 133, at Pages 39318. Location: Room 7C13, GAO Building, 441 G St., NW.

9:30 AM. The Federal Communications Commission (FCC) will host an event at which the heads of bureaus and offices will give reports. See, agenda [PDF] and story titled "FCC Releases Agenda for January 17 Event" in TLJ Daily E-Mail Alert No. 1,518, January 11, 2007. In addition, the FCC stated in a release that "FCC Chairman Kevin Martin will host an on-the-record question and answer session with credentialed reporters in his office following the FCC meeting on Wednesday January 17th. The Q & A session will begin shortly after the conclusion of the post-meeting press conference featuring presenters from the FCC bureaus." For more information contact Clyde Ensslin at Clyde dot Ensslin at fcc dot gov or 202-418-0506. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Aviation Security -- Reviewing the Recommendations of the 9/11 Commission". See, notice. Location?

10:00 AM. Attorney General Alberto Gonzales will give a speech, and answer questions, regarding the judicial selection process. The Department of Justice (DOJ) stated in a release that "All media must present valid photo ID and media credentials. All media wishing to cover the Attorney General’s remarks must arrive no later than 9:30 A.M. EST. All press inquiries regarding logistics should be directed to Theresa Pagliocca at (202) 532-3486 or Andrew Ryan at (202) 862-4870." Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Paying Off Generics to Prevent Competition with Brand Name Drugs". The witnesses will be Jon Leibowitz (Commissioner of the Federal Trade Commission), former Rep. Billy Tauzin (R-LA) (head of PhRMA), Merril Hirsh (Ross Dixon & Bell), Bruce Downey (Ch/CEO of Barr Pharmaceuticals), and Michael Wroblewski (Consumers Union). See, notice. Press contact: Tracy Schmaler at 202-224-2154 or Tracy_Schmaler at judiciary dot senate dot gov. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Finance Committee (SFC) will hold its organizational meeting for the 110th Congress. Location: Room 215, Dirksen Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "A Practitioner’s Guide to the CFIUS Review Process". The speakers will include Michael Gallagher (Perkins Coie), Lynn Charytan (Wilmer Hale), Kent Bressie (Harris Wiltshire & Grannis), Christopher Simkins (DOJ's Criminal Division), Theodore Kassinger (O’Melveny & Myers), Carolyn Brandon (CTIA-The Wireless Association), and Jonathan Frankel (Wilmer Hale). The price to attend ranges from $15 to $20. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

12:30 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a planning and organizational meeting. For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or 202-828-9874. Location: Davis Wright Tremaine, 1919 Pennsylvania Ave., NW, Suite 200.

1:00 - 3:30 PM. The Environmental Protection Agency (EPA) will hold a meeting to solicit comments and feedback on its project to share and publish information on locations of environmental interest through commercial internet services. The meeting agenda includes "Presentation on EPA's Geospatial Data Access Project" and "Presentation on the XML Schema and Tag Definitions". See, notice in the Federal Register, December 26, 2006, Vol. 71, No. 247, at Page 77395. Location: EPA, 1 Potomac Yard, First Floor Conference Center, 2777 Crystal Drive, Arlington, VA.

RESCHEDULED FROM JANUARY 10. 2:00 PM. The House Ways and Means Committee (HWMC) will meet to organize for the 110th Congress. See, notice. Location: Room 1100, Longworth Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the petition for declaratory ruling filed by One Stop Financial, Inc., Group Discounts, Inc., 800 Discounts, Inc., and Winback & Conserve Program, Inc. pertaining to the AT&T tariff at issue, and "any other issues left open by the D.C. Circuit’s Opinion in AT&T Corp. v. FCC", 394 F.3d 933. This proceeding is WC Docket No. 06-210. See, FCC Public Notice [3 pages in PDF] (DA 06-2360).

The House will meet at 10:00 AM for legislative business. See, Majority Leader's calendar [PDF].

9:00 AM - 4:00 PM. Day two of a two day public meeting of the Federal Accounting Standards Advisory Board (FASAB). See, notice in the Federal Register, July 12, 2006, Vol. 71, No. 133, at Pages 39318. Location: Room 7C13, GAO Building, 441 G St., NW.

LOCATION CHANGE. 9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the U.S. Department of Justice". Attorney General Alberto Gonzales will testify. See, notice. Press contact: Tracy Schmaler at 202-224-2154 or Tracy_Schmaler at judiciary dot senate dot gov. Location: Room 106, Dirksen Building.

10:00 AM. The Senate Banking Committee will hold its organizational meeting for the 110th Congress. See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The President's Export Council will meet. The deadline to register to attend is January 12, 2007. See, notice in the Federal Register: December 26, 2006, Vol. 71, No. 247, at Page 77386. Location: Department of Commerce, Room 4832, 1401 Constitution Ave., NW.

12:00 PM. The Cato Institute will host a book forum. The speakers will by Jim Harper (author of Identity Crisis: How Identification Is Overused and Misunderstood), James Lewis (Center for Strategic and International Studies), and Jay Stanley (American Civil Liberties Union). See, notice. Lunch will follow the program. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be FCC Commissioner Michael Copps. The deadline to register is 5:00 PM on January 12. See, registration form [PDF]. Location: Capital Hilton Hotel, 1001 16th St., NW.

The House will meet at 10:00 AM for legislative business. See, Majority Leader's calendar [PDF].

10:30 AM. Rep. Nancy Pelosi (D-CA) and Sen. Harry Reid (D-NV) will give speeches. The National Press Club (NPC) states that this event is "For credentialed reporters, National Press Club members and invited guests only." Location: NPC, 529 14th St. NW, 13th Floor.

12:00 NOON - 1:00 PM. The Progress and Freedom Foundation (PFF) will host a press briefing by conference call. PFF fellows will outline their tech priorities for 110th Congress. The call in number is 1-800-423-1988. The participant code is 1024423. RSVP to Amy Smorodin at asmorodin at pff dot org or 202-289-8928.

Deadline to submit comments to the President's Identity Theft Task Force (ITTF). See, FTC's request for comments [14 pages in PDF], and SEC release.

EXTENDED TO APRIL 23. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) in its proceeding titled "In the Matter of Effects of Communications Towers on Migratory Birds". This NPRM [40 pages in PDF] is FCC 06-164 in WT Docket No. 03-187. The FCC adopted this NPRM on November 3, 2006. It released it on November 17, 2006. See, notice of extension [PDF].

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Blogging for Lawyers: How Practicing Lawyers Are Using Blogs to Find Clients, Fortune and Fame and How You Can Too". The speakers will include Amy Howe (www.scotusblog.com), Marc Mayerson (www.insurancescrawl.com), Scott Hodes (thefoiablog.typepad.com), and Carolyn Elefant (www.legalblogwatch.typepad.com). The price to attend ranges from $20 to $35. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Committee will host a brown bag lunch and fee based continuing legal education (CLE) seminar titled "Federal Computer Crimes". The speaker will be Eric Wenger, a Trial Attorney in the Department of Justice's (DOJ) Criminal Division's Computer Crime and Intellectual Property Section (CCIPS). The price to attend ranges from $25 to $60. The deadline for registrations and cancellations is 5:00 PM on January 19. See, registration form [PDF]. Location: Wiley Rein & Fielding, 1776 K Street, NW, Main Conference Center.

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "Global Trademark Portfolio Part I: Clearance and Registration". The speakers will include Thomas Brooke (Holland & Knight), Jennifer Elgin (Wiley Rein & Fielding), and Leigh Ann Lindquist (Sughrue Mion). The price to attend ranges from $15 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

1/16. President Bush withdrew his nomination of Idaho state judge Norman Randy Smith to be a Judge of the U.S. Court of Appeals (9thCir). Bush simultaneously renominated him for the same Court. See, White House release. The previous nomination was to replace the retired Judge Stephen Trott. The new nomination is to replace the retired Judge Thomas Nelson. Sen. Dianne Feinstein (D-CA), who is a member of the Senate Judiciary Committee (SJC), opposed the nomination of Judge Smith on the grounds that Smith is an Idahoan, not a Californian. She, and others, have argued that Judge Trott was a California Judge, and should be replaced by another California Judge. More specifically, Trott lived in California at the time of his appointment, but moved to Idaho. Judge Nelson is an Idahoan. Sen. Patrick Leahy (D-VT), the Chairman of the SJC, stated in a release that "This is a welcome and sensible adjustment from the White House. By agreeing to nominate Norman Randy Smith to the Idaho seat on the Ninth Circuit, President Bush has avoided a needless fight over a judicial nominee."

1/16. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) announced in its web site that John Hoadley (VP of Nortel's Next Generation Wireless Access) was appointed to the Spectrum Advisory Committee. The NTIA issued a release back on November 3, 2006, announcing the other members of the Spectrum Advisory Committee.

1/16. Jay Driscoll was named Director of Government Affairs for the CTIA-The Wireless Association. He was previously Legislative Director for the Independent Telephone and Telecommunications Alliance. See, CTIA release.

1/16. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (January 16, 2007) for its rule changes regarding the electronic exchange of copies of priority documents. See, Federal Register, January 16, 2007, Vol. 72, No. 9, at Pages 1664-1668.

1/16. The Supreme Court (SCUS) issued an order in MedImmune v. Centocor, granting certiorari, vacating the opinion of the U.S. Court of Appeals (FedCir), and remanding. See, Order List [8 pages in PDF], at page 1, and Supreme Court docket. The SCUS wrote that "The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Federal Circuit for further consideration in light of MedImmune, Inc. v. Genentech, Inc., 549 U. S. ___ (2007). Justice Breyer took no part in the consideration or decision of this petition." See, January 9, 2007, opinion [30 pages in PDF] in MedImmune v. Genentech, a case regarding when a patent can be challenged by a licensee in a declaratory judgment action, and story titled "Supreme Court Rules on Case or Controversy Requirement in Patent Litigation" in TLJ Daily E-Mail Alert No. 1,516, January 9, 2007. This case is MedImmune, Inc. v. Centocor, Inc., et al., Sup. Ct. No. 05-656, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 04-1499.

1/16. The Federal Trade Commission (FTC) announced revised Hart Scott Rodino section 7A thresholds, and Clayton Act section 8 interlocking directorates thresholds. See, notice [PDF] to be published in the Federal Register regarding section 7A, notice to be published in the Federal Register regarding section 8, and release.

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