5/17. On May 17, 2007, Sen. Mark Pryor (D-AR), Sen. Susan Collins (R-ME), and Sen. John Warner (R-VA), introduced S 1425, the "Defense Nanotechnology Research and Development Act of 2007".

This bill revises the existing defense nanotechnology research program, which was created by Section 246 of the Bob Stump National Defense Authorization Act for fiscal year 2003, which is now Public Law No. 107-314.

Sen. Pryor stated that under this program the University of Arkansas' Center for Ferroelectric Electronic-Photonic Nanodevices is developing new nanomagnetic devices for high performance information and communication technology. See, Congressional Record, May 17, 2007, at Pages S6302-3

On May 11, 2007, Sen. Pryor introduced S 1372, the "Nanotechnology Infrastructure Enhancement Act".

This bill would require the National Science Foundation (NSF) to establish a "Center for Nanotechnology Research and Engineering ... to focus on ... the science and engineering of manufacturing at the nanoscale in multiple dimensions" or "nanotechnology for sustainable energy, water, agriculture, and the environment". The bill also authorizes the appropriation of $2.5 Million per year for fiscal years 2008 through 2012.

5/17. Rep. Rick Boucher (D-VA), Rep. Bob Goodlatte (R-VA), and Rep. Steve Chabot (R-OH) introduced HR 2365, a bill to amend 35 U.S.C. § 287 to limit damages and other remedies with respect to patents for tax planning methods.

The bill provides that "With respect to the use by a taxpayer or a tax practitioner of a tax planning method that constitutes an infringement under subsection (a) or (b) of section 271, the provisions of sections 281, 283, 284, and 285 shall not apply against the taxpayer, the tax practitioner, or any related professional organization with respect to such tax planning method."

That is, tax planning methods would remain patentable, and existing patents would remain valid. However, the holders of these patents would be deprived of the ability to enforce these patents against taxpayers and tax practitioners.

35 U.S.C. § 281 provides that "A patentee shall have remedy by civil action for infringement of his patent." 35 U.S.C. § 283 provides that " The several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable." 35 U.S.C. § 284 provides for the remedy of damages. 35 U.S.C. § 285 provides that "The court in exceptional cases may award reasonable attorney fees to the prevailing party."

The bill defines the phrase "tax planning method" as "plan, strategy, technique, or structure that is designed to reduce, minimize, or defer, or has, when implemented, the effect of reducing, minimizing or deferring, a taxpayer's tax liability, but does not include the use of tax preparation software or other tools used solely to perform or model mathematical calculations or prepare tax or information returns".

Rep. Goodlatte and other supporters of this bill discussed this subject at the mark up of HR 1908, the "Patent Reform Act of 2007", by the House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property on May 16.

Rep. Brad Sherman (D-CA) argued that tax shelters should not be encouraged. Rep. Goodlatte asked Rep. Howard Berman (D-CA), the Chairman of the Subcommittee, to hold a hearing.

 The bill was referred to the HJC. Representatives Boucher, Goodlatte and Chabot are members.

5/14. The Department of Justice (DOJ) released a proposed bill [PDF] titled the "Intellectual Property Protection Act of 2007".

The above hyperlinked copy also includes an eight page section by section summary of the bill signed by Richard Hertling, Principal Deputy Assistant Attorney General in the DOJ's Office of Legislative Affairs. Hertling was previously a long time staff assistant to Sen. Arlen Specter (R-PA), the ranking Republican on the Senate Judiciary Committee (SJC).

Also, Attorney General Alberto Gonzales gave a speech in Washington DC on May 14, 2007, in which he discussed intellectual property rights enforcement generally, and this draft bill in particular.

He said that "This legislation would provide stronger penalties for repeat offenders and increase the maximum penalty for counterfeiting offenses if the defendant knowingly or recklessly causes serious bodily injury or death."

Gonzales (at right) also said that "the bill would hit the criminals in their wallets by strengthening restitution provisions, and making sure they forfeit all of their illicit profits as well as any property used to commit their crimes."

Finally, he stated "IP theft is not a technicality, and its victims are not just faceless corporations -- it is stealing, and it affects us all. Those who seek to undermine this cornerstone of U.S. economic competitiveness believe that they are making easy money; that they are beyond the law. It is our responsibility and commitment to show them that they are wrong."

The DOJ also released a transcript of an exchange with DOJ officials. They were asked "Do you have anybody to introduce the bill up there?" One responded, "Not yet. We don't."

Gonzales also said that "we at the Justice Department are committed to enforcing the law in this area and to pushing for even stronger legislation to protect American businesses and their intellectual property".

He noted that "in 2006, we convicted 57 percent more defendants for criminal copyright and trademark offenses than in 2005. Of those convictions, the number of defendants receiving prison terms of more than two years increased even more sharply -- up 130 percent."

The bill does not pertain to the scope of copyright or trademark. Rather, it addresses enforcement of copyright and trademark law, and primarily in actions by the government.

The bill would amend 17 U.S.C. § 411 to allow criminal prosecutions prior to registration of copyrights.

The bill would 17 U.S.C. § 506 to criminalize attempted copyright infringement.

The bill would 17 U.S.C. § 702 to provide that both importation and exportation of infringing copies is a violation of the distribution right, and subject to both civil and criminal actions. Currently, only importation is addressed by the statute.

The bill would make numerous changes regarding seizures, forfeitures, and restitution in copyright actions.

It would add the remedies of civil forfeiture and restitution in actions under 17 U.S.C. § 1204 for violation of the DMCA's anticircumvention or copyright management information provisions.

It would also amend 18 U.S.C. § 1864 to provide the remedy of forfeiture for violation of the Economic Espionage Act.

The bill would amend 18 U.S.C. § 2319 to increase penalties for criminal copyright infringement.

The bill would amend trademark law to allow longer prison sentences for counterfeiting offenses that endanger public health and safety. The bill would also amend 18 U.S.C. § 2320 to provide for civil forfeiture of the proceeds of trademark counterfeiting offenses.

The bill would also amend 18 U.S.C. § 2516 to make both criminal copyright infringement in violation of 18 U.S.C. § 2319 and trafficking in counterfeit goods in violation of 18 U.S.C. § 2320 predicate offenses for the issuance of a wiretap order.

Gigi Sohn, head of the Public Knowledge, stated in a release that "It is unfortunate that the Administration felt the need to bring back a legislative package that was full of bad ideas when it was proposed in 2005 and continues to be full of bad ideas today.

She continued that "Making the ‘attempt’ at copyright infringement the same as actual infringement is an ill-conceived concept. The penalties in this bill are out of touch with reality. They range from destroying computers for potentially legitimate use, to life imprisonment for improbable uses of counterfeit goods. These penalties would be more appropriate for far more serious criminal offenses."

5/18. The U.S. Court of Appeals (FedCir) issued its divided opinion [50 pages in PDF] in McKesson Information Systems v. Bridge Medical, a patent infringement action. The Court of Appeals affirmed the District Court's judgment that the patent in suit is unenforceable due to inequitable conduct before the U.S. Patent and Trademark Office (USPTO). Judge Pauline Newman wrote in her dissenting opinion that "This court returns to the ``plague´´ of encouraging unwarranted charges of inequitable conduct, spawning the opportunistic litigation that here succeeded despite consistently contrary precedent." This case is McKesson Information Solutions, Inc. v. Bridge Medical, Inc., U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2006-1517, an appeal from the U.S. District Court for the Eastern District of California, D.C. No. 02-2669, Judge Frank Damrell presiding. Judge Clevenger wrote the opinion of the Court of Appeals, in which Judge Bryson joined. Judge Newman wrote a dissent.

5/18. The Government Accountability Office (GAO) released a report [37 pages in PDF] titled "Information Security: Federal Deposit Insurance Corporation Needs to Sustain Progress Improving Its Program". The report finds that "weaknesses exist that could limit FDIC’s ability to effectively protect the confidentiality, integrity, and availability of its financial and sensitive information and systems."

5/18. Attorney General Alberto Gonzales gave a speech in Washington DC in which he discussed the Department of Justice's (DOJ) proposed National Guidelines for Sex Offender Registration and Notification, written pursuant to the Adam Walsh Child Protection and Safety Act of 2006. He said that these guidelines would require offenders to register e-mail and internet messaging addresses.

5/17. Sen. Patrick Leahy (D-VT), published a piece in the Congressional Record commending IBM on the 59th anniversary of its opening a plant in Essex Junction, Vermont. He said that "IBM is Vermont's largest private employer". See, Congressional Record, May 17, 2007, at Page S6262.

5/18. Microsoft announced in a release that it "will acquire aQuantive, Inc., for $66.50 per share in an all-cash transaction valued at approximately $6 billion". Microsoft CEO Steve Ballmer stated that "Microsoft is intensely committed to creating a thriving advertising business".

5/16. Amazon announced in a release that it will "launch a digital music store later this year" and that "Every song and album in the Amazon.com digital music store will be available exclusively in the MP3 format without digital rights management (DRM) software".

5/16. Nortel issued a release regarding a settlement agreement with the Ontario Securities Commission (OSC). The OSC will hold a hearing on May 22, 2007, regarding the agreement.

5/16. Thomas Barnett, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division gave a speech titled "Recent Developments in Antitrust and Intellectual Property Law".

5/15. Federal Reserve Board (FRB) Governor Randall Kroszner gave a speech titled "International Capital Flows and the Emerging-Market Economies" in Buenos Aires, Argentina, in which he discussed the relation between information technology innovation, productivity growth and investment flows.

5/15. Rambus filed a Form 12(b)-25 with the Securities and Exchange Commission (SEC) stating that it will not timely file its Form 10-Q for the period ended March 31, 2007. See, Rambus release.

5/9. David Rehr, head of the National Association of Broadcasters (NAB), sent a letter [PDF] to Senators and Representatives opposing proposals to end terrestrial radio broadcasters' exemption from the music performance right. He called the proposals a "performance tax". Rep. Howard Berman (D-CA), the Chairman of the House Judiciary Committee's (HJC) Subcommittee on Court, the Internet and Intellectual Property often advocates such a change to copyright law at public events, but has not yet introduced a bill. Rehr wrote that "Radio has prospered with the use of recorded music, and record labels and performers have benefited from airplay and other promotional activities of local broadcasters. From this free airplay, the recording industry enjoys increased popularity, visibility and record sales. Performers also benefit from radio airplay and on-air interviews, often timed to coincide with concert appearances in the radio stations’ service areas."

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The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. It will consider several items under suspension of the rules, including HR 2272, the "21st Century Competitiveness Act of 2007", a huge composite bill that contains numerous other bills pertaining to science, technology, engineering, and math (STEM) education and research bills. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's weekly calendar [PDF].

The Senate will meet at 1:00 PM. It will consider immigration legislation.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. It will consider HR 1525, the "Internet Spyware (I-SPY) Prevention Act of 2007". See, story titled "House Crime Subcommittee Approves Spyware Bill" in TLJ Daily E-Mail Alert No. 1,573, May 2, 2007. See, Rep. Hoyer's weekly calendar [PDF].

9:00 - 10:00 AM. Rep. Adam Schiff (D-CA) and Robert Atkinson, head of the Information Technology and Innovation Foundation (ITIF), will release a report on patent reform. RSVP to Torey Liepa at tliepa at itif dot org. Location: Room 2226, Rayburn Building.

9:15 AM. The U.S. and the People's Republic of China (PRC) will begin the second meeting of the Strategic Economic Dialogue (SED). One of many issues on the agenda is the PRC's failure to protect intellectual property rights. Opening statements will be at 9:15 AM. Former Secretary of State Henry Kissinger will speak at 9:45 AM. Location: Mellon Auditorium, 1301 Constitution Ave., NW.

12:00 NOON - 1:30 PM. The Federal Bar Association's (FBA) Capitol Hill Chapter will host an event titled "Luncheon with Chief Justice John G. Roberts Jr., Chief Justice of the United States". See, notice and registration form [PDF]. Location: West Conference Room, Supreme Court of the United States (enter through either the Maryland Ave. or 1st Street, NE, entrances.)

12:00 NOON - 2:00 PM. The Institute for Policy Innovation (IPI) will host a lunch titled "Intellectual Property: Fueling the Growth of India’s Knowledge Economy". The speaker will be Prabuddha Ganguli (CEO VISION-IPR). RSVP to Sonia Blumstein at 205-620-2087 or soniab at ipi dot org. Location: Bobby Van's Grill, 1201 New York Ave., NW (12th and New York Ave.).

12:00 NOON - 2:00 PM. The DC Bar Association will host a closed brown bag lunch titled "Emerging Issues in Internet Pharmacies and Online Prescribing of Drugs". The speakers will be Linda Marks (Department of Justice's Office of Consumer Litigation), Michael Mapes (Drug Enforcement Administration), Sondra Mills (Department of Justice), and Katherine Layman (Cozen O'Connor). The price to attend ranges from $0 to $15. See, notice. For more information, contact 202-626-3463. Location: DC Bar Conference Center, Level B-1, 1250 H St., NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "Resolving Domestic and International IP Disputes Through Arbitration and Mediation". The speakers will be Ignacio de Castro (Deputy Director of the WIPO Arbitration and Mediation Center), Peter Michaelson (Michaelson and Associates), Jay Alexander (Milbank Tweed), Stephen Belisle (Fitzpatrick Cella Harper & Scinto). The price to attend ranges from $10 to $30. See, notice. For more information, contact 202-626-3463.Location: DC Bar Conference Center, Level B-1, 1250 H St., NW.

1:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing titled "Internet Tax Freedom Act: Internet Tax Moratorium". See, notice Location: Room 2141, Rayburn Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Committee will host a continuing legal education (CLE) seminar titled "The Evolution of Common Carrier Regulation and Its Future Applicability in an IP World". The speakers will be Thomas Jones (Willkie Farr & Gallagher), Richard Metzger (Lawler Metzger), Howard Symons (Mintz Levin), Chris Libertelli (Skype), Brita Strandberg (Harris Wiltshire & Grannis), and Bryan Tramont (Wilkinson Barker Knauer). The price to attend ranges from $50 to $125. See, registration form [PDF]. Location: Sidley Austin, 1501 K St., NW. (The DC Bar Association's notice lists an event at the same date and time, with the same title, but at Skadden Arps, 6th floor, 1501 K St., NW. For more information, contact Kerry Loughney 202-293-4000.)

TIME? The Federal Aviation Administration's (FAA) Commercial Space Transportation Advisory Committee's (COMSTAC) working groups will meet. Location: undisclosed.

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

9:00 AM - 1:00 PM. The Department of Homeland Security (DHS) will host an event titled "Privacy Impact Assessments at DHS -- A Tutorial on How to Write PIAs". See, notice in the Federal Register, May 11, 2007, Vol. 72, No. 91, at Page 26821. Location: GSA Regional Headquarters Building, 7th and D Streets, SW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Communications, Taxation and Federalism". See, notice. Location: Room 253, Russell Building.

10:00 AM. The House Science Committee (HSC) will meet to mark up bills. See, notice. Location: Room 2318, Rayburn Building.

10:45 AM. The U.S. and the People's Republic of China will continue the second meeting of the Strategic Economic Dialogue (SED). The U.S. delegation will hold a news conference at 11:30 AM. Location: Environmental Protection Agency, East Building, 1201 Pennsylvania Ave., NW.

3:00 - 5:00 PM. Day one of a three day meeting of the U.S.-China Economic and Security Review Commission titled "The Extent of the Government's Control of China's Economy, and Implications for the United States". See, notice in the Federal Register, May 10, 2007, Vol. 72, No. 90, at Page 26688. Location: Room 385, Russell Building, Capitol Hill.

TIME? The Federal Aviation Administration's (FAA) Commercial Space Transportation Advisory Committee (COMSTAC) will meet. Location: FAA, Headquarters Building, 800 Independence Ave., SW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers' Committee (YLC) will host an event titled "End of the YLC Year Party". For more information, contact Chris Fedeli at 202-973-4274 or chrisfedeli at dwt dot com. Location: Karma, 1919 I St., NW.

Extended deadline to submit reply 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, FCC's notice of extension [PDF] (DA 07-72), and notice in the Federal Register, January 26, 2007, Vol. 72, No. 17, at Pages 3776-3777.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its rules governing wireless licenses in the 698-806 MHz Band (700 MHz Band). See, notice in the Federal Register, May 2, 2007, Vol. 72, No. 84, at Pages 24238-24253. The FCC adopted its Report and Order and FNPRM [170 pages in PDF] on April 25, 2007, and released it on April 27, 2007. This FNPRM is FCC No. 07-72 in WT Docket No. 06-150, CC Docket No. 94-102, WT Docket No. 01-309, WT Docket No. 03-264, WT Docket No. 06-169, PS Docket No. 06-229, and WT Docket No. 96-86.

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

8:30 AM - 5:00 PM. Day two of a three day meeting of the U.S.-China Economic and Security Review Commission titled "The Extent of the Government's Control of China's Economy, and Implications for the United States". See, notice in the Federal Register, May 10, 2007, Vol. 72, No. 90, at Page 26688. Location: Room 562, Dirksen Building, Capitol Hill.

12:00 NOON. The Cato Institute will host a panel discussion titled "Are Civil Liberties at Risk in the War on Terror?". The speakers will be Andrew McCarthy (Foundation for Defense of Democracies' Center for Law & Counterterrorism), Bruce Fein (American Freedom Agenda), and Timothy Lynch (Cato). See, Cato notice. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireless Committee will host a lunch titled "A Discussion on Carterfone in the Wireless World". The speakers will be Michael Altschul (CTIA), Christopher Libertelli (Skype Communications), Mary Beth Richards (Deputy Director of the FTC's Bureau of Consumer Protection). The price to attend is $15. See, registration form [PDF]. Registrations and cancellations are due by May 22. Location: Latham & Watkins, 10th Floor, 555 11th St., NW.

Rep. Hoyer's weekly calendar [PDF] states that "no votes are expected in the House".

8:30 AM - 12:30 PM. Day three of a three day meeting of the U.S.-China Economic and Security Review Commission titled "The Extent of the Government's Control of China's Economy, and Implications for the United States". See, notice in the Federal Register, May 10, 2007, Vol. 72, No. 90, at Page 26688. Location: Room 385, Russell Building, Capitol Hill.

Deadline to submit comments to the Privacy and Civil Liberties Oversight Board (PCLOB) regarding its interim final rule that establishes procedures for the public to obtain information from the PCLOB under the federal Freedom of Information Act (FOIA). The comment deadline and the effective date are both May 25. See, notice in the Federal Register, April 10, 2007, Vol. 72, No. 68, at Pages 17789-17792.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding installation of smaller antennas by Fixed Service (FS) operators. This NPRM is FCC 07-38 in WT Docket No. 07-54. See, notice in the Federal Register, April 25, 2007, Vol. 72, No. 79, at Pages 20494-20499.

Memorial Day.

The House will not meet on Monday, May 28 through Friday, June 1, due to the Memorial Day District Work Period. See, House 2007 calendar.

The House will not meet on Monday, May 28 through Friday, June 1, due to the Memorial Day District Work Period. See, Senate 2007 calendar.

The Federal Communications Commission (FCC) and other federal offices will be closed. See, Office of Personnel Management's (OPM) list of federal holidays and 5 U.S.C. § 6103.

5/14. Lanny Davis resigned from the Privacy and Civil Liberties Oversight Board (PCLOB). He wrote in his resignation letter [PDF] to President Bush that "I would constructively suggest that you do your utmost, including by issuing a directive to relevant executive branch agencies, to guarantee full and early access of the Board to anti-terrorist programs, current and evolving, that might affect civil liberties and privacy rights."

He wrote that "there can be an appropriate balance between doing what is necessary to win the war against terrorism and also preserving the values of privacy rights and civil liberties ..." He added that "it is important for the White House staff and others in the administration to understand that you insist on the Board's complete independence -- not subject to White House or administration supervision or control. Only with such independence can the Board provide you and future presidents with the important function of effective oversight to ensure that this appropriate balance is maintained ..."

Davis did not state a reason for resigning. President Bush has not publicly announced a replacement.

The PCLOB released its report [49 pages in PDF] titled its "First Annual Report to Congress: March 2006 - March 2007" on April 24, 2007. See, story titled "President's Civil Liberties Oversight Board Releases Annual Report" in TLJ Daily E-Mail Alert No. 1,572, May 1, 2007.

On May 8, 2007, former Gov. Thomas Kean (R-NJ) and former Rep. Lee Hamilton (D-IN) wrote a letter [4 pages in PDF] to the PCLOB which propounds numerous interrogatories.

5/20. Peter Löscher was named P/CEO of Siemens, effective July 1, 2007. He will replace Klaus Kleinfeld. See, release.

5/18. Hewlett Packard announced the election of Joel Hyatt, CEO of Current Media, and John Joyce, a Managing Director at Silver Lake, to its Board of Directors. See, release.

5/16. The National Cable & Telecommunications Association (NCTA) announced the election of its Board of Directors, and its Executive Committee. Decker Anstrom, P/COO of Landmark Communications, was elected Chairman of the Board of Directors. See, release.

5/15. Randall Lee, the Securities and Exchange Commission's (SEC) Regional Director in Los Angeles, will leave the SEC at the end of June. See, SEC release.

5/14. The Department of Justice (DOJ) announced that Deputy Attorney General Paul McNulty will leave the DOJ "later this summer". He was previously the U.S. Attorney in the Eastern District of Virginia. Attorney General Alberto Gonzales issued a statement praising McNulty. Sen. Patrick Leahy (D-VT) responded that "The American people deserve a strong and independent Department of Justice with leaders who enforce the law without fear or favor. Regrettably that is not the Justice Department we have today." Sen. Leahy added that McNulty's departure is related to disputes over U.S. Attorneys.

5/14. Attorney General Alberto Gonzales stated in a speech that he has asked his new chief of staff, Kevin O'Connor, to serve as Chairman of Department of Justice's (DOJ) Intellectual Property Task Force.