9/24. Ben Bernanke, the Chairman of the Federal Reserve Board (FRB), gave a speech titled "Education and Economic Competitiveness" in Washington DC. He discussed the importance of technology to productivity growth, and the role of education in promoting advances in technology. However, he made no plea for more funding for science, technology, engineering, or math education (STEM).

He began that "as an investment, education provides excellent returns, both for individuals and for society". Also, he said that education means not only classrooms, but also "early childhood programs", "mentoring on the job", and "mid-career retraining".

Bernanke (at right) said that "education is important because it is so directly linked to productivity, which, in turn, is the critical determinant of the overall standard of living". He added that "advance of technology" also contributes to productivity growth, but that worker skills contribute to advances in technology.

He elaborated that "the state of technology is affected both by the creativity and knowledge of scientists and engineers engaged in formal research and development as well as by the efforts of skilled workers on the shop floor who find more efficient ways to accomplish a given task. Managers who develop a new business plan or find new ways to use evolving technologies can also be thought of as adding to the ``intangible,´´ or knowledge-based, capital of the firm, which by some estimates is comparable in importance to physical capital such as factories and equipment".

"The demand for more-educated workers has been increasing rapidly, partly because the much more widespread use of computers and other sophisticated information and communication technologies in the workplace has increased the reward for technical skills."

He made no recommendation for more STEM education. He offered little specific policy advice of any kind. He explained that existing studies provide little guidance for policy makers trying to "raise academic achievement". He said that this makes it difficult to decide "what and how to teach students from kindergarten through high school". Hence, he argued that "we should encourage experimentation and innovation" in education.

He also focused on higher education, which he said is "the strongest part of the U.S. educational system".

He continued that "More than half our basic research -- the foundation for breakthroughs that create new industries--is conducted at universities. Additionally, higher education has embraced the broader mission of translating research into new products and enterprises; our colleges and universities account for 15 percent of applied research and development ... The innovations that begin on campuses are diffused to businesses through patents, start-up companies, and consulting arrangements between faculty and industry."

9/19. The Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) [86 pages in PDF] in its proceeding titled "In the Matter of Service Rules for Advanced Wireless Services in the 2155-2175 MHz Band".

This band is one of the Advanced Wireless Service (AWS) bands, which is intended for use by wireless voice and data service providers, and is often associated with 3G wireless services and mobile broadband internet services. This band is sometimes referred to as AWS-3. The 90 MHz in the 1710-1755 MHz and 2110-2155 MHz bands are AWS-1. The 20 MHz in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz, and 2175-2180 MHz bands are AWS-2.

FCC Chairman Kevin Martin wrote in a statement [PDF] associated with this NPRM that "Opening this proceeding will allow the Commission to take full consideration of the many suggestions for use of this band, and facilitate full input by all parties and the public as to the best use of this spectrum. For example, many have suggested that we should auction this spectrum band, while still others suggest that due to the high demand for this spectrum we should consider unlicensed use of the band. Some have also suggested that we should condition this band on requirements including openness to devices and/or with the winner being required to provide 384 kbps downstream and 128 kbps upstream of access for free."

This NPRM states that "Because the available spectrum is one 20-megahertz segment as opposed to two separate bands, the symmetrical pairing approach previously used by the Commission for AWS spectrum is not possible. We therefore seek comment on three different technological approaches to this band: (1) permitting both base station transmissions and mobile handset transmissions in the band, as needed to support the licensees’ choice of technology (“uplink/downlink approach”); (2) permitting both base station transmissions and mobile handset transmissions in the band, but only in particular parts of the band specifically designated by the Commission (“structured uplink/downlink approach”); or (3) allowing only base station transmissions in the band (“downlink approach”)." (Parentheses in original.)

The NPRM also states that "we specifically request comment on various proposals proffered recently by various parties that had previously filed applications to operate in this band, including M2Z Networks, Inc. (M2Z), NetfreeUS, and others. For example, M2Z has suggested that the licensees in this band should be subject to certain public interest requirements, including the provision of free broadband internet service at certain data rates and certain population-based build out benchmarks."

See, stories titled "FCC Accepts for Filing M2Z's Application for Free Spectrum" in TLJ Daily E-Mail Alert No. 1,532, February 5, 2007, and "Panel Debates M2Z Proposal" in TLJ Daily E-Mail Alert No. 1,541, February 21, 2007.

Initial comments will be due 30 days after publication of a notice in the Federal Register. As of the September 26, 2007, issue, the FCC has not yet made this publication. Reply comments will be due within 60 days of such publication.

The NPRM adds that "We commit to issuing an order adopting rules in this proceeding within nine months following the publication of this Notice in the Federal Register."

This NPRM is FCC 07-164 in WT Docket No. 07-195.

9/21. Rep. Bernie Thompson (D-MS), the Chairman of the House Homeland Security Committee (HHSC), and Rep. James Langevin (D-RI), Chairman of the HHSC's Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology, sent a letter [3 pages in PDF] and attachment [27 pages in PDF] to Richard Skinner, Inspector General of the Department of Homeland Security (DHS) regarding cyber security at the DHS.

Rep. Thompson and Rep. Langevin (at right) wrote that "The results of our investigation suggest that the Department is the victim not only of cyber attacks initiated by foreign entities, but of incompetent and possibly illegal activity by the contractor charged with maintaining security on its networks. We ask you to immediately commence an inquiry in to these matters, and, if necessary, refer this matter for criminal investigation."

"The infiltration of Federal Government networks by unauthorized users is one of the most critical issues confronting our nation, but is is hardly a new threat". They elaborated on recent intrusions of Department of Defense (DOD), Department of State (DOS), and Department of Commerce (DOC) intrusions, which they suggested were "Chinese in origin".

The two wrote that as a result of the HHSC's investigation, it finds that "Dozens of Department of Homeland Security computers were compromised by hackers. These incidents were not noticed until months after the initial attacks. These computers may still be compromised dud to insufficient mitigation efforts by the contractor responsible for information technology services at the Department."

The HHSC also found that "Hackers exfiltrated information out of Department of Homeland Security systems to a web hosting service that connects to Chinese websites."

The HHSC also found that "Information was exfiltrated from the Office of Procurement Operations (OPO) and transferred to unauthorized individuals, despite the Department of Homeland Security's assertions to the contrary."

9/18. The U.S. Court of Appeals (7thCir) issued its opinion in Country Materials v. Allan Block, a case regarding the doctrine of patent misuse.

Summary. A patent owner (regarding concrete block technology) licensed technology to a concrete block maker. The license agreement included a covenant that the licensee would not make or sell competing concrete blocks within a limited geographic area for 18 months after the termination of the agreement.

The concrete block maker later decided to terminate the agreement, and make and sell competing blocks, without waiting 18 months. It filed a declaratory judgment action in federal court asserting that the non-compete agreement was unenforceable for violating federal patent policy.

The Court of Appeals affirmed the summary judgment of the District Court for the patent owner. First, it rejected the argument that this appeal must be heard by the Federal Circuit.

Second, it rejected the patent misuse claim. It wrote that a patent misuse claim is essentially an antitrust claim to which principles of competition analysis apply. The Court of Appeals held that the rule of reason applies, and that for a misuse claim to succeed, there the patent holder's practice or act must hurt competition.

The Court of Appeals viewed this as a vertical restriction scenario, and noted that recent analysis shows that some of these are pro-competitive. Finally, the Court of Appeals held that since the plaintiff had not shown harm to competition in the market for concrete blocks, the patent misuse claim fails.

Facts. County Materials Corporation is a Wisconsin corporation that makes concrete blocks. It is the plaintiff below, and the appellant.

Allan Block Corporation is a Minnesota corporation that develops, markets, and licenses technology for the manufacturing of concrete blocks. It does not make concrete blocks. It is the defendant below, and the appellee.

The predecessor of County Materials entered into an agreement with Allan Block, that included a covenant not to compete. Under this agreement, Allan Block granted County Materials the exclusive right to manufacture Allan Block's patented block products in northwest Wisconsin. The agreement also granted County Materials the right to sell these products under the Allan Block trademark. Allan Block also agreed to provide County Materials with technical, marketing, and strategic support. The agreement also provided that for the 18 months following the termination of the agreement, County Materials could not engage in the manufacture and/or sale of any other competing block in the exclusive production territory.

County Materials terminated the agreement, and proceeded to develop its own competing concrete block for sale, without waiting for the expiration of the 18 month period. Allan Block threatened to sue.

District Court. County Materials, anticipating that it would be sued by Allan Block, filed a complaint in U.S. District Court (WDWisc) against Allan Block seeking a declaratory judgment that the covenant not to compete was unenforceable because it violated federal patent policy. It also pled a related state law claim.

There was diversity of citizenship under 28 U.S.C. § 1332.

The District Court granted summary judgment to Allan Block, finding no violation of federal patent policy.

County Materials brought the present appeal in the Court of Appeals for the 7th Circuit.

Court of Appeals: Jurisdiction. Allan Block argued that jurisdiction over the appeal lies in the U.S. Court of Appeals for the Federal Circuit.

28 U.S.C. § 1338(a) provides that "The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. Such jurisdiction shall be exclusive of the courts of the states in patent, plant variety protection and copyright cases."

Subsection 1338(b) provides that "The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent, plant variety protection or trademark laws."

Then 28 U.S.C. § 1295(a)(1) provides that the Federal Circuit has "exclusive jurisdiction ... of an appeal from a final decision of a district court of the United States ... if the jurisdiction of that court was based, in whole or in part, on section 1338 of this title".

The Court of Appeals held that it has appellate jurisdiction because the District Court had jurisdiction based upon diversity of citizenship (under Section 1332), but did not have jurisdiction based upon a claim "arising under any Act of Congress relating to patent" (under Section 1338).

The Court of Appeals relied upon the Supreme Court's opinion in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 535 U.S. 826 (2002). See, story titled "Supreme Court Rules on Appellate Jurisdiction of Federal Circuit" in TLJ Daily E-Mail Alert No. 443, June 4, 2002.

In the Holmes case the Supreme Court held that the Federal Circuit's appellate jurisdiction cannot be based solely upon a patent counterclaim. Critics of the Holmes opinion have argued that this reduces federal control over IP cases, reduces uniformity of patent law, and encourages forum shopping.

The Court of Appeals wrote that "Looking as we must at the well-pleaded complaint, it is apparent that federal patent law does not create the cause of action here. It is instead a claim about the enforceability of a contract or license agreement."

The Court of Appeals also cited its 2002 opinion in Scheiber v. Dolby Laboratories, Inc., 293 F.3d 1014 (2002) that "Federal jurisdiction over the suit is based on diversity of citizenship, because a suit to enforce a patent licensing agreement does not arise under federal patent law", and the defendant's affirmative defense of patent misuse is "irrelevant to jurisdiction".

The Court of Appeals added in the present case that "The same is true for a declaratory judgment action, where the roles of plaintiff and defendant are reversed", where the plaintiff was "essentially raising an anticipatory patent misuse defense to its planned breach of the Agreement".

See, story titled "7th Circuit Criticizes But Follows Brulotte" in TLJ Daily E-Mail Alert No. 453, June 8, 2002.

It should be noted that the Congress, and especially the House Judiciary Committee (HJC) and Rep. Howard Berman (D-CA), have endeavored to enact legislation that would amend the federal jurisdictional statutes to undo the effect of Holmes v. Vornado.

See, HR 2955 (109th Congress), the "Intellectual Property Jurisdiction Clarification Act of 2005". The HJC approved this bill on March 2, 2006, and reported this bill on April 4, 2006. See, House Report No. 109-407). See also, story titled "House Judiciary Committee Approves Amendment Regarding Jurisdiction of Federal Circuit" in TLJ Daily E-Mail Alert No. 1,325, March 8, 2006.

However, having concluded that it had appellate jurisdiction, the Court of Appeals then relied upon Federal Circuit precedent on the substantive issue.

Court of Appeals: Patent Misuse. The Court of Appeals affirmed the judgment of the District Court on the patent misuse issue.

First, the Court of Appeals characterized the agreement between Allan Block and County Material as a "patent license".

The Court of Appeals also wrote that Allan Block was not attempting to extend the term of a patent, so Brulotte v. Thys Co., 379 U.S. 29 (1964) does not apply. Rather, County Material's argument is that the non-compete clause is unenforceable for violating federal patent policy because it allows Allan Block to use its patent to exclude competition in the market for unpatented products.

The Court of Appeals thus analyzed the patent misuse argument for potential anticompetitive effects.

The Court of Appeals concluded that the rule of reason, rather than the per se rule, applies.

The Court of Appeals cited 35 U.S.C. § 271(d), which provides that "No patent owner otherwise entitled to relief for infringement or contributory infringement of a patent shall be denied relief or deemed guilty of misuse or illegal extension of the patent right by reason of his having done one or more of the following ..." This subsection then enumerates five types of actions.

The Court of Appeals reasoned that "the concept of patent misuse is cabined" by subsection 271(d) "which essentially eliminates from the field of ``patent misuse´´ claims based on tying and refusals to deal, unless the patent owner has market power".

The Court of Appeals next reviewed the Federal Circuit's opinion in Virginia Panel Corp. v. MAC Panel Co., 133 F.3d 860 (1997).

The Court of Appeals wrote that "If a practice is not per se unlawful nor specifically excluded from a misuse analysis by § 271(d)", then (quoting extensively from Virginia Panel), "a court must determine if that practice is reasonably within the patent grant, i.e., that it relates to subject matter within the scope of the patent claims. If so, the practice does not have the effect of broadening the scope of the patent claims and thus cannot constitute patent misuse. If, on the other hand, the practice has the effect of extending the patentee's statutory rights and does so with an anti-competitive effect, that practice must then be analyzed in accordance with the rule of reason. Under the rule of reason, the finder of fact must decide whether the questioned practice imposes an unreasonable restraint on competition, taking into account a variety of factors, including specific information about the relevant business, its condition before and after the restraint was imposed, and the restraint’s history, nature, and effect."

The Court of Appeals also cited the Federal Circuit's opinion in Windsurfing Int’l, Inc. v. AMF, Inc., 782 F.2d 995 (1986).

In that case the Federal Circuit wrote that patent misuse does not exist unless the party asserting it can "show that the patentee has impermissibly broadened the 'physical or temporal scope' of the patent grant with anti-competitive effect."

The Court of Appeals (7th Circuit) wrote that this standard is satisfied by showing some overall harm to competition, and takes into account the fact that patents exist to spur progress and innovation. It added that the Federal Circuit's Windsurfing "standard for patent misuse necessarily considers whether progress and innovation have been stymied and allows courts concretely to answer the vague question whether progress has been slowed."

The Court of Appeals noted that "Most of the cases on which County Materials relies come from an era before the Supreme Court recognized the efficiencies that might flow from vertical restrictions, which is the type of restriction we have when a patent owner (which does not compete in the manufacturing sector) imposes restraints on a manufacturing licensee." (Parentheses in original.)

The Court of Appeals cited as authority for this several cases, including Leegin Creative Leather Products v. PSKS. The Supreme Court issued its opinion [55 pages in PDF] on June 28, 2007. See, stories titled "SCUS Holds That All Vertical Price Restraints Are Subject to Rule of Reason" in TLJ Daily E-Mail Alert No. 1,603, June 28, 2007, and "Supreme Court Grants Certiorari in Antitrust Cases" in TLJ Daily E-Mail Alert No. 1,501, December 8, 2006.

With these conclusions and standards regarding patent misuse, the Court of Appeals proceeded to apply the facts of the present case to the law of patent misuse.

The Court of Appeals concluded that the agreement "shows no sign of one-sidedness or abuse of power" by Allan Block, and County Materials "received significant benefits". Moreover, the covenant not to compete was short in time, and of limited geographic area. In addition, "there does not appear to be any evidence in the record showing that these limited requirements have hurt competition for cement blocks in County Materials’s former exclusive territory".

It concluded that "Without a showing that this clause had any effect on the broader market for concrete block (as opposed to an effect only on County Materials), its purported patent misuse defense cannot succeed." (Parentheses in original.)

This case is Country Materials Corp. v. Allan Block Corp., U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 06-2857, an appeal from the U.S. District Court for the Western District of Wisconsin, D.C. No. 05-C-675-S, Judge John Shabaz presiding. Judge Wood wrote the opinion of the Court of Appeals, in which Judges Manion and Kanne joined.

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

8:00 AM - 4:15 PM. The Federal Communications Commission (FCC) will host a day long event titled "Digital Television Consumer Education Workshop". See, FCC release. Location: FCC, 445 12th St., SW.

8:00 - 9:30 AM. The Federal Communications Bar Association's (FCBA) and the Northern Virginia Technology Council (NVTC) will host an event titled "Digital Media and Emerging Legal Challenges". The speakers will include Lauren Van Wazer (Cox Enterprises), David Gardy (TV Worldwide), Raj Sharma (3CLogic), Thomas Sydnor (Progress & Freedom Foundation), and Kurt Wimmer (General Counsel of Gannett). See, notice. Prices vary. Location: Ritz-Carlton, 1700 Tysons Boulevard, McLean, VA.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "Meeting the Need for Interoperability and Information Security in Health IT". The hearing will be webcast by the HSC. For more information, all 202-225-6375. Location: Room 2318, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How Will the New CFIUS Reform Legislation Affect FDI in the US?". The speakers will be Nova Daly (Deputy Assistant Secretary for Investment Security, Department of Treasury), Joseph Dennin (McKenna Long & Aldridge), Jamie Gorelick (Wilmer Hale), Scott Morris (House Committee on Financial Services), and Linda Menghetti (Emergency Committee for American Trade). The price to attend ranges from $0 to $30. For more information, call 202-626-3463. See, notice. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

1:00 PM. The National Science Foundation (NSF) will host a lecture by Hsinchun Chen (University of Arizona) titled "Using Computational Science and the Dark Web to Snag Terrorists Online". See also, NSF's Dark Web web page. For more information, contact Dana Cruikshank at 703-292-7738 or dcruiksh at nsf dot gov. Location: NSF, Arlington, VA.

Day one of a two day event hosted by the American Society of Access Professionals (ASAP) titled "Annual Symposium and Training Conference". Location: Ronald Reagan and International Trade Center, 1300 Pennsylvania Avenue, NW.

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

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 1267 [LOC | WW], the "Free Flow of Information Act of 2007", S 2035, [LOC | WW], also titled the "Free Flow of Information Act of 2007", and S 980, [LOC | WW] the "Online Pharmacy Consumer Protection Act of 2007". The SJC frequently fails to obtain a quorum for its meetings. The SJC rarely follows the agendas for its meetings. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The House Intelligence Committee's (HIC) Subcommittee on Technical and Tactical Intelligence will hold a closed hearing titled "The Boeing Company". Location: Room H-405, Capitol Building.

10:00 AM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. See, notice in the Federal Register, July 26, 2007, Vol. 72, No. 143, at Pages 41074-41075. Location: FCC, Room TW-C305, Commission Meeting Room, 445 12th St., SW.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Cyberspace Practice and Wireless Telecom Practice Committees will host a lunch titled "700 MHz Auction: Will the Reality Match the Hype?". The speakers will be Christopher Guttman-McCabe (CTIA - Wireless Association), Harlin McEwen (International Association of Chiefs of Police), Janice Obuchowski (Frontline Wireless), and Richard Whitt (Google). The price to attend is $15. Reservations and cancellations are due by 12:00 NOON on September 25. See, registration form [PDF]. Location: Sidley Austin, 6th Floor, 1501 K St., NW.

12:00 NOON - 1:30 PM. The Alliance for Public Technology (APT), National Catholic Educational Association (NCEA), and National Association of Independent Schools (NAIS) will hold a brown bag lunch titled "How Broadband is Changing Educational Institutions and the Lives of Those Who Use Them". RSVP to apt at apt dot org. Location: 10th Floor, 919 18th St., NW.

1:00 PM. The House Judiciary Committee (HJC) will hold a hearing on HR 2128 [LOC | WW], the "Sunshine in the Courtroom Act of 2007", a bill to allow a presiding judge to permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over. Location: Room 2141, Rayburn Building.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing titled "An Examination of the Google DoubleClick Merger and the Online Advertising Industry: What Are the Risks for Competition and Privacy?" Sen. Herb Kohl (D-WI) will preside. See, notice. Location: Room 226, Dirksen Building.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. See, notice in the Federal Register, December 29, 2006, Vol. 71, No. 250, at Page 78451.

2:30 PM. The Senate Commerce Committee (SCC) will meet to mark up bills, including S 1453 [LOC | WW], the "Internet Tax Freedom Act (ITFA) Extension Act of 2007", and S 1965 [LOC | WW], the "Protecting Children in the 21st Century Act", a bill pertaining to child pornography and online predation. See, notice. Location: Room 253, Russell Building.

3:00 - 5:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, FCC Public Notice (DA 07-3842) and notice in the Federal Register, September 11, 2007, Vol. 72, No. 175, at Page 51814. Location: FCC, Room 3-B516, 445 12th St., SW.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). The OUSTR will consider, among other things, intellectual property rights (IPR) and IPR enforcement. The hearing may also be continued on September 28. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40905-40906. Location: Room 1, 1724 F St., NW.

Day two of a two day event hosted by the American Society of Access Professionals (ASAP) titled "Annual Symposium and Training Conference". Location: Ronald Reagan and International Trade Center, 1300 Pennsylvania Avenue, NW.

Deadline to submit comments to the Department of Transportation's (DOT) Research and Innovative Technology Administration (RITA) regarding the Nationwide Differential Global Positioning System (NDGPS) Program. See, notice in the Federal Register, August 1, 2007, Vol. 72, No. 147, at Pages 42219-42220.

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

8:30 AM - 5:00 PM. The DC Bar Association will host a program titled "Feist, Facts, and Functions: IP Protection for Works Beyond Entertainment". The price to attend ranges from $25 to $50. For more information, call 202-289-7442. See, notice. Location: Cosmos Club, 2121 Massachusetts Ave., NW.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Cable Practice and Young Lawyers Committees will host a brown bag lunch titled "Translating the Set Top Box Debate and Visualizing the Living Room of the Future". For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: Willkie Farr & Gallagher, Suite 200, 1875 K St., NW.

1:30 - 3:30 PM. The American Enterprise Institute (AEI) will host another panel discussion titled "Is Sarbanes-Oxley Impairing Corporate Risk-Taking?". The speakers will be Peter Wallison (AEI), Katherine Litvak (University of Texas at Austin School of Law), Henry Butler (Northwestern University), and Richard Geddes (Cornell University). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

4:00 PM. Abdoulaye Wade, President of Senegal, will give a speech titled "I Don't Want Money. I Want Trade Agreements". See, notice. Location: Cato Institute, 1000 Massachusetts Ave., NW.

Effective date of the U.S. Patent and Trademark Office's (USPTO) final rule adjusting certain patent fee amounts to reflect fluctuations in the Consumer Price Index (CPI). See, notice in the Federal Register, August 22, 2007, Vol. 72, No. 162, at Pages 46899-46903.

9:30 AM - 3:40 PM. The American Enterprise Institute (AEI) will host a conference titled "Women and Science". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Extended deadline to submit reply comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, original notice in the Federal Register, April 16, 2007, Vol. 72, No. 72, at Pages 19039-19055; technical correction notice in the Federal Register, April 24, 2007, Vol. 72, No. 78, at Page 20374; and notice of extension in the Federal Register, June 19, 2007, Vol. 72, No. 117, at Pages 33776-33777.

Deadline to submit comments to the Department of Transportation's (DOT) Research and Innovative Technology Administration (RITA) regarding user needs and systems requirements of the terrestrial component of the Nationwide Differential Global Positioning System (NDGPS). See, notice in the Federal Register, August 1, 2007, Vol. 72, No. 147, at Pages 42219-42220.

Deadline to submit applications to the Federal Communications Commission (FCC) for the renewal of state telecommunications relay services (TRS) program certification. See, notice in the Federal Register, July 18, 2007, Vol. 72, No. 137, at Pages 39423-39424.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding planning consumer understanding of the transition to digital television. This NPRM is FCC 07-128 in MB Docket No. 07-148. See, notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Pages 46014-46020.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding ten studies related to government regulation of media ownership. See, FCC Public Notice [4 pages in PDF], which is DA 07-3470 in MB Docket Nos. 06-121 and 02-277, and MM Docket Nos. 01-235, 01-317, and 00-244. See also, notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44539-44540.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding various proposals to promote minority and female ownership in the media industry. See, notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44457-44466.

Deadline to submit comments to the Federal Bureau of Investigation (FBI) regarding proposed changes to the system of records maintained by the FBI's Terrorist Screening Center (TSC) titled Terrorist Screening Records System (TSRC). See, notice in the Federal Register, August 22, 2007, Vol. 72, No. 162, at Pages 47073-47079, and story titled "FBI Announces Changes to Terrorist Screening Records System" in TLJ Daily E-Mail Alert No. 1,627, August 23, 2007.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a panel discussion titled "Private Equity Panel". The speakers will be William Kennard (The Carlyle Group), Julie Richardson (Providence Equity Partners), Jamie Rubin (One Equity Partners), and Tom Wheeler (Core Capital Partners). Blair Levin (Stifel Nicolaus) will moderate. The doors will open at 11:30 AM. Lunch will be served at 12:00 NOON. Prices vary. See, registration form [PDF]. Registrations and cancellations are due by 5:00 PM on September 27. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "The Copyright Office Speaks". The speakers will be Marybeth Peters, Register of Copyrights. The price to attend ranges from $25 to $40. For more information, call 202-626-3463. See, notice. Location: Caucus Room, 401 9th St., NW.

2:00 - 4:00 PM. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "Nanotechnology Education". The witnesses will be David Ucko (National Science Foundation), Navida Ganguly (Oak Ridge High School), Hamish Fraser (Ohio State University), Ray Vandiver (Oregon Museum of Science and Industry), Sean Murdock (NanoBusiness Alliance), and Gerald Wheeler (National Science Teachers Association). Location: Room 2318, Rayburn Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) Mass Media Practice Committee will host a continuing legal education (CLE) seminar titled "Buying and Selling Political Time in a Hot Election Season". The speakers will be Bobby Baker (FCC), Hope Cooper (FCC), Kyle Roberts (Smart Media), and Kyle Osterhout (Media Strategies). Prices vary. Registrations and cancellations are due by 5:00 PM on September 28. See, registration form [PDF]. Location: Dow Lohnes, Suite 800, 1200 New Hampshire Ave., NW.

Day one of a two day conference hosted by the U.S. Chamber of Commerce's Coalition Against Counterfeiting and Piracy (CACP) titled "4th Annual U.S. Chamber of Commerce Anti-Counterfeiting and Piracy Summit". See, notice. Prices vary. For more information, contact counterfeiting at uschamber dot com or 202-463-5500. Location: U.S. Chamber, 1615 H St., NW.

Deadline to submit comments to the Securities and Exchange Commission (SEC) regarding its proposed rules changes concerning shareholder proposals and electronic shareholder communications. See, notice in the Federal Register, August 3, 2007, Vol. 72, No. 149, at Pages 43465-43488.

9:30 AM. The Office of the United States Trade Representative (OUSTR) will hold a GSP Subcommittee Public Hearing in connection with the 2007 Generalized System of Preferences (GSP) Annual Review. See, notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51264-51266. Location: Rooms 1 and 2, 1724 F St., NW.

10:00 - 11:30 AM. The Information Technology and Innovation Forum (ITIF) will hold an event titled "Does the U.S. Benefit from U.S. IT Products Made Overseas?: Mapping the Global Value Chain of the iPod and Notebook Computers". The speakers will be Ken Kraemer (UC Irvine) and Robert Atkinson (ITIF). Location: Room 210, Cannon Building, Capitol Hill.

10:00 AM. The Federal Communications Commission's (FCC) Commercial Mobile Service Alert Advisory Committee will hold its final meeting. See, FCC notice [PDF]. Location: FCC, Room TW-C305, Commission Meeting Room, 445 12th St., SW.

12:00 NOON - 1:30 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Cyber-Safety in a Web 2.0 World: What Parents and Policymakers Need to Know," The speakers will be Rep. Melissa Bean (D-IL), Sharon Cindrich (author of e-Parenting: Keeping Up with Your Tech-Savvy Kids), Larry Magid (co-author of MySpace Unraveled: A Parent’s Guide to Teen Social Networking), and Nancy Willard (author of Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn To Use the Internet Safely and Responsibly), and Adam Thierer (PFF). See, PFF notice and registration page. Lunch will be served. Location: Room 121, Cannon Building.

6:00 - 9:00 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Protect and Enforce Trademark Rights: A Primer". The speakers will be Shauna Wertheim (Roberts Mardula & Wertheim) and Steven Hollman (Hogan & Hartson). The price to attend ranges from $80 to $115. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Day two of a two day conference hosted by the U.S. Chamber of Commerce's Coalition Against Counterfeiting and Piracy (CACP) titled "4th Annual U.S. Chamber of Commerce Anti-Counterfeiting and Piracy Summit". See, notice. Prices vary. For more information, contact counterfeiting at uschamber dot com or 202-463-5500. Location: U.S. Chamber, 1615 H St., NW.

9/25. President Bush announced his intent to designate Christopher Padilla to be the acting Under Secretary for International Trade at the Department of Commerce (DOC). See, White House release.

9/25. President Bush withdrew his nomination of John Rizzo to be General Counsel of the Central Intelligence Agency (CIA). See, White House release.

9/25. The Securities and Exchange Commission (SEC) announced that it has completed "all work on developing data tags for the entire system of U.S. generally accepted accounting principles". The SEC program for filing of financial reports in interactive data format remains voluntary. The SEC added that "The work that was completed today has mapped every element of the entire system of U.S. Generally Accepted Accounting Principles, administered by the Financial Accounting Standards Board in Norwalk, CT, to a unique data tag. The achievement of this milestone means that public companies can more easily tag their financials. And it brings automated financial reporting to the SEC -- as well as increased usability of financial statement for investors -- one step closer to reality." See, SEC release.

9/19. The Government Accountability Office (GAO) submitted prepared testimony [15 pages in PDF] to the Senate Special Committee on Aging titled "Digital Television Transition: Preliminary Information on Initial Consumer Education Efforts".

Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2007 David Carney, dba Tech Law Journal. All rights reserved.