DHS Releases New No
Fly List Rules |
10/22. The Department of Homeland
Security's (DHS) Transportation Security
Administration (TSA) released a
notice of rules
changes [195 pages in PDF; 10 MB] regarding the program that it titles
"Secure Flight".
Also on October 22, 2008, Michael Chertoff (Secretary of Homeland Security)
and Kip Hawley (Administrator of the TSA) spoke and answered questions. See,
transcript.
The government maintains electronic databases containing a selectee list, and
a no-fly list. Under the new rules, airlines will submit their passenger
manifests to the government, for a comparison of names on the manifests to names
on the lists. Currently, the government provides its lists to the airlines.
Also, currently, because many persons have identical names, persons not
intended to be kept off flights are kept off of flights. These are sometimes
referred to as called false positives. Under the new rules the airlines will
collect, and submit to the government, passenger gender and date of birth
information, to reduce the number of false positives.
Chertoff (at left) said that "Our current system takes a certain
number of names that are on a watch list, a no-fly list, or a selectee
list, and it sends them to the airlines. The airlines then compare the
passenger names with the manifest of who is flying on their airplanes to
determine whether people need additional screening or are going to be
barred from flying."
One change, said Chertoff, is "keeping the list ourselves now and
simply getting the manifests" from the airlines. He said "that'll
give us better security over the information on the list".
He said that the system currently has problems. For example, said
Chertoff, "because we have false positives, people with similar names
to individuals on the watch list or misspellings or variant spellings,
it's often the case that passengers can't check-in online or they have to
go to the ticket counter and deal with the airline in order to establish
that they are not the person on the list. So that takes times and is
inconvenient."
He explained how the new rules will address this. He said that "the
solution to the problem of misidentification or false positive is to add a
small amount of additional data so that we can differentiate between the
individual whose name is X who belongs on the watch list, and the
individual whose name is X who doesn't belong on the watch list. Under
Secure Flight, when travelers make their reservation, they'll submit their
name, their sex, their gender, and their date of birth, and then the
aircraft operator will submit the itinerary. These additional data
elements will allow us to separate the vast majority of false
positives from the real people that we're concerned about."
Chertoff also said that there are "16,000 unique individuals who
are selectees in TSA's database". They are subject to extra scrutiny,
but not necessarily barred from flying. He said that the "no-fly
list" has "less than 2,500" people on it, and less than 10
percent a U.S. citizens.
Privacy Related Provisions. He stated that "the data that's
going to be transmitted will be encrypted and transmitted using secure
systems" and "For the vast majority of passengers, this data
will not be retained for more than seven days."
He also said that "Secure Flight doesn't operate by giving you a
numerical score or doing the kind of data mining where we look at a large
number of behavior instances and try to predict whether you're a bad
person. It's based on a process in which people are put on the list based
on some specific intelligence about them."
The notice of rules changes states that data will be shared with other
government agencies.
Redress. Chertoff also asserted that "We do have a redress
system".
Redress is discussed at pages 102-105 of the above hyperlinked copy of
the notice of rules changes. Basically, it discloses that people can
request redress, and that the TSA might provide them redress.
However, there is no judicial or administration right, privilege or
formal process to obtain information about oneself, to contest its
accuracy, to have one's selectee or no-fly status changed, or to seek
judicial review of administrative actions. Nor is there a cause of action
for damages for, for example, wrongful inclusion on a no-fly list. There
is nothing that approaches due process of law.
Barry Steinhardt of the American Civil Liberties Union (ACLU) stated in a
release that
the DHS "has made substantial changes to the Secure Flight program in response
to the concerns expressed by the civil liberties community ... DHS will neither
use commercial data to conduct background checks on travelers nor create a risk
score for passengers through Secure Flight. DHS also is minimizing data
collection to only necessary data elements and greatly reducing the length of
data retention by expunging information on most travelers after seven days."
However, this ACLU release adds that "significant, unanswered questions still
persist for Secure Flight’s implementation. One problem is the lack of adequate
redress for individuals who are mistakenly matched to the secret government
watch lists."
These rule changes are effective 60 days after publication of a notice in the
Federal Register. As of the October 23, 2008, issue of the Federal Register,
this notice had not yet been published.
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Reps. Eshoo and Deal
Write FCC and NTIA Re Quiet Period |
10/22. Rep. Anna Eshoo (D-CA) and
Rep. Nathan Deal (R-GA) sent a
letter [3
pages in PDF] to
Kevin Martin, Chairman of the Federal Communications Commission (FCC), the other
FCC Commissioners, and Meredith Baker, acting head of the
National Telecommunications
and Information Administration (NTIA), regarding transitioning to digital
television, and a retransmission consent quiet period.
Rep. Eshoo (at right) and Rep. Deal stated that they previously proposed a
quiet period that would "begin before the end of this year and extend
for a reasonable period after the digital television transition, during
which neither broadcasters nor subscription TV operators could pull
over-the-air signals from the channel lineups of cable and satellite
customers."
They continued that the NTIA has recently disclosed that there is an increase in
consumer demand for converter box coupons in markets affected by the
retransmission consent dispute between LIN TV and both Time Warner and
Bright House.
They suggested that some of these requests could have come from confused
cable customers who might not need converter boxes. Moreover, they wrote,
this is "putting needless strain on the NTIA's coupon program, and
should be taken into account when the Commission is considering what an
effective ``quiet period´´ should be".
They argued that for a quiet period to be effective "it must begin prior to
December 31st, when a substantial number of retransmission consent agreements
will expire and extend through March 1st."
The two also requested coupon demand data from the NTIA for the markets affected
by the retransmission consent dispute, and corresponding national demand data.
The National Association of
Broadcaster's (NAB) Dennis Wharton stated in a
release that "Broadcasters have embraced a voluntary, pro-consumer
quiet period that will ensure no cable subscriber loses access to
broadcast programming in the weeks leading up to and following the
transition to digital TV. If policymakers are truly concerned about
confusion that could arise from the DTV transition, they should investigate
claims raised by Consumer Reports magazine alleging cable operators' use
of the transition as a subterfuge for deceptively upselling consumers into
higher programming tiers."
Kyle McSlarrow, head of the National Cable &
Telecommunications Association (NCTA), stated in a
release that "We applaud Representative Eshoo and Deal's continued efforts
to urge the FCC to adopt a meaningful retransmission consent quiet period to
ensure that no consumer loses a broadcast signal in the critical months before
the broadcasters' February 17 digital TV transition. Many retransmission consent
agreements expire at the end of 2008; the NAB's proposal to commence a quiet
period only in early February 2009 therefore is nothing more than a hollow
gesture. The digital transition will be challenging enough without burdening
consumers with ill-timed retransmission consent disputes."
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CDT Reports on
Privacy Features of Web Browsers |
10/22. The Center for Democracy and Technology
(CDT) released a
report [10 pages in PDF; 10MB] titled "Browser Privacy Features: A Work In
Progress".
This report compares the privacy features of four web browsers -- Mozilla's
Firefox 3, Microsoft's Internet Explorer 8 Beta 2, Google's Chrome, and Apple's
Safari 3. It offers no ranking.
This report states that "Several of the largest
Internet companies have recently released new Web browsers or browser features
aimed at giving Internet users greater control over their privacy as they surf
the Web. That browser makers are competing to provide the best privacy
protections is great news for Internet users".
The CDT's Ari Schwartz stated in a
release that "Industry
plays a key role, but we still need a robust national privacy law to fully
protect Americans".
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People
and Appointments |
10/21. The National
Telecommunications and Information Administration (NTIA) published a
notice in the
Federal Register that announces the appointment of persons to be members of the
NTIA's Performance Review Board (PRB). The NTIA PRB is responsible for reviewing
performance ratings, pay adjustments and bonuses of Senior Executive Service
(SES) members, and Presidential Rank Awards. The persons are Daniel Hurley,
Bernadette Rivera, Renee Macklin, Alan Vincent, Michael Crison, and Karl Nebbia.
See, Federal Register, October 21, 2008, Vol. 73, No. 204, at Page 62465.
10/21. The Bureau of Industry and Security
(BIS) published a
notice in the Federal Register that announces the appointment of persons to
be members of the BIS's Performance Review Board (PRB). The persons are Daniel
Hill, Matthew Borman, Kevin Delli-Colli, Gay Shrum, and John Phelan. See,
Federal Register, October 20, 2008, Vol. 73, No. 203, at Page 62248.
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More
News |
10/23. The Copyright Office (CO)
published a notice in the Federal Register that provides corrections to the
proposed fees changes previously published in its October 14 notice. These
corrections pertain to special services and Licensing Division services.
Proposed changes to registration fees remain the same. See, original
notice
in the Federal Register, October 14, 2008, Vol. 73, No. 199, at Pages
60658-60662, and
correction notice in the Federal Register, October 23, 2008, Vol. 73,
No. 206, at Pages 63111-63112. See also, story titled "Copyright
Office Proposes to Raise Registration Fees" in TLJ Daily E-Mail Alert
No. 1,843, October 15, 2008.
10/23. The Federal Communications Commission (FCC) published a notice
in the Federal Register that sets comment deadlines regarding the
Rural Telecommunications
Group's (RTG) July 16, 2008,
petition for rulemaking [22 pages in PDF]
regarding imposing a spectrum cap for commercial terrestrial
spectrum. The RTG requests that the FCC write rules that provide that no
licensee of commercial terrestrial wireless spectrum below 2.3 GHz,
including all parties under common control, should be permitted to have an
attributable interest in more than 110 megahertz of licensed spectrum with
any significant overlap in any county. Initial comments are due by December
2, 2008. Reply comments are due by December 22, 2008. See,
notice in
the Federal Register, October 23, 2008, Vol. 73, No. 206, at Pages
63128-63129. This proceeding is RM No. 11498.
10/23. The Federal Communications Commission (FCC) published a notice
in the Federal Register that sets comment deadlines regarding the
Rural Cellular Association's (RCA)
May 20, 2008,
petition for rulemaking [25 pages in PDF] regarding alleged "widespread use and anticompetitive effects" of
exclusivity arrangements
between commercial wireless carriers and handset manufacturers, and
rules to prohibit such arrangements. Initial comments are due by
December 2, 2008. Reply comments are due by December 22, 2008. See,
notice in
the Federal Register, October 23, 2008, Vol. 73, No. 206, at Pages
63127-63128. This proceeding is RM No. 11497.
10/22. The Progress & Freedom Foundation (PFF)
announced in a
release the creation of a Center
for Internet Freedom, to be headed by Berin Szoka. Szoka stated that "We
offer an alternative to the proliferation of advocacy groups calling for
government intervention online by offering timely analyses and critiques of
proposals that diminish the vital role of free markets, free speech and property
rights". He did not identify any of these other groups.
10/21. The Center for Democracy and Technology
(CDT) sent a letter
[2 pages in PDF] to legal counsel for the McCain and Obama presidential
campaigns regarding political debate and the abuse of the notice and take
down procedures of
17 U.S.C. § 512(c). The CDT asked the campaigns to "help
shine light on the extent to which overaggressive copyright claims may have
stifled political expression during this campaign cycle." The CDT asked that
after the election that "each of your respective campaigns should make the
effort to disclose the details of any incidents it encountered regarding
takedown that ignored fair use", including "which media companies issued such
requests, how often, and in response to what kind of videos". See also, October
13, 2008,
letter [PDF] from the McCain campaign to YouTube, and story
titled "McCain Palin Campaign Writes YouTube Regarding Video Take Down
Procedure" in TLJ Daily E-Mail Alert No. 1,843, October 15, 2008.
10/21. The U.S. Court of Appeals
(FedCir) issued its divided
opinion [76
pages in PDF] in Abbott Laboratories v. Sandoz, a patent
infringement case regarding extended release formulations of the
antibiotic drug clarithromycin. Sandoz asserted invalidity based on
anticipation and obviousness, unenforceability based on inequitable
conduct, and noninfringement. The District Court granted Abbott a
preliminary injunction. The Court of Appeals affirmed. This case is
Abbott Laboratories v. Sandoz, Inc., U.S. Court of Appeals for the
Federal Circuit, App. Ct. No. 2007-1300, an appeal from the U.S. District
Court for the Northern District of Illinois, D.C. No. 05-CV-5373, Judge
David Coar presiding. Judge Pauline Newman wrote the opinion of the Court
of Appeals. Judge Archer concurred with most of the opinion. Judge Gajarza
wrote a dissent.
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About Tech Law
Journal |
Tech Law Journal publishes a free access web site and
a subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year for a single
recipient. 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 two months after writing.
For information about subscriptions, see
subscription information page.
TLJ is published by
David
Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
P.O. Box 4851, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998-2008 David Carney. All rights reserved.
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In This
Issue |
This issue includes the following items:
• DHS Releases New No Fly List Rules
• Reps. Eshoo and Deal Write FCC and NTIA Re Quiet Period
• CDT Reports on Privacy Features of Web Browsers
• People and Appointments
• More News (FCC requests comments on petition to set spectrum cap;
FCC requests comments on petition to prohibit exclusivity arrangements
between wireless carriers and handset makers; Federal Circuit affirms in
Abbott v. Sandoz; and more on take downs of political videos)
• Calendar of events related to the Federal Circuit's oral arguments
in Northern California
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Washington Tech Calendar
New items are highlighted in red. |
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Thursday,
October 23 |
The House will not meet. Its next
scheduled meeting is at 11:00 AM on January 3, 2009. See,
HConRes 440.
The Senate will meet in pro forma session.
8:30 AM - 5:30 PM. The
U.S.-China Economic and Security Review
Commission will hold a public meeting to work on its 2008 Annual
Report to Congress, "if necessary". See,
notice in
the Federal Register, July 29, 2008, Vol. 73, No. 146, at Pages
43978-43979, and
notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at
Page 54205. Location: Conference Room 231, Hall of the States, 444
North Capitol St., NW.
1:45 - 3:30 PM. The
American Enterprise Institute (AEI)
will host a panel discussion titled the "Beyond November -- Trade
Policy". See,
notice. Location: AEI, 12th floor, 1150 17th
St., NW.
Day one of a three day conference hosted by the
American Intellectual Property Law
Association (AIPLA) titled "2008 Annual Meeting". Location:
Marriott
Wardman Park, 2660 Woodley Park Road, NW.
TIME? The Federal Trade Commission's
(FTC) Bureau of Competition's Premerger Notification Office will host a half
day workshop on the basics of the premerger notification program. See,
FTC release.
Location: FTC, satellite building conference center, 601 New Jersey
Ave., NW.
Deadline to submit comments to the
Federal Trade Commission (FTC) in
connection with its event titled "Transatlantic RFID Workshop on
Consumer Privacy and Data Security". See, FTC
release.
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Friday,
October 24 |
Day two of a three day conference hosted by the
American Intellectual Property Law
Association (AIPLA) titled "2008 Annual Meeting". Location:
Marriott
Wardman Park, 2660 Woodley Park Road, NW.
8:30 AM - 2:30 PM. The
Computer and Communications Industry
Association (CCIA) and Advanced Micro
Devices (AMD) will host a one day conference titled
"Antitrust Summit on Innovation and Competition Policy in
High-Tech Markets". Prices vary. Breakfast and lunch will be
served. See, CCIA
notice. RSVP to Danielle Yates at dyates at ccianet dot org or
202-783-0070 ext. 122. Location: Knight Conference Center, Room 705/706,
Newseum, 555 Pennsylvania Ave., NW.
8:30 AM - 5:30 PM. The
U.S.-China Economic and Security Review
Commission will hold a public meeting to work on its 2008 Annual
Report to Congress, "if necessary". See,
notice in
the Federal Register, July 29, 2008, Vol. 73, No. 146, at Pages
43978-43979, and
notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at
Page 54205. Location: Conference Room 231, Hall of the States, 444
North Capitol St., NW.
12:00 NOON - 2:00 PM. The
Free State Foundation (FSF)
will host a panel discussion titled "Archaic Intercarrier Compensation and
Universal Service Regimes: Proposals for Reform". The speakers will be
Gerald Brock (George Washington University),
John Mayo (Georgetown University
business school), and Deborah Tate (FCC Commissioner). Lunch will be served.
This event is free and open to the public. RSVP to Susan Reichbart at
sreichbart at freestatefoundation dot org. Location: Room 2322, Rayburn
Building, Capitol Hill.
12:15 - 1:45 PM. The
Federal Communications Bar
Association's (FCBA) Legislative Practice Committee will host a brown bag
lunch titled "Major Issues in Telecommunications in the 111th Congress".
The speakers may include Gregg Rothschild (Deputy Chief of Staff and Chief
Counsel of the House Commerce Committee), Perry Apelbaum (Chief Counsel, Staff
Director, House Judiciary Committee), Neil Fried (Senior Minority Counsel,
House Commerce Committee; and David Whitney (Minority Counsel, Subcommittee on
Courts, the Internet and Intellectual Property). This event is free. See,
registration page. Location: Sidley
Austin, 1501 K Street, NW, 6th Floor.
12:30 PM. Dan Hesse, CEO of Sprint Nextel, will give
a speech. Location: Ballroom,
National Press Club, 13th Floor, 529
14th St., NW.
12:30 - 1:45 PM. The
Federal Communications Bar
Association's (FCBA) HLS/Emergency Communications, Wireless and
Wireline Practice Committees will host a brown bag lunch titled
"From Katrina to Ike and Beyond: Hurricane Responses of
Emergency Communications Providers". The speakers will be
Jennifer Manner (Satellite Industry
Association), Robert Mayer
(USTelecom), and Christopher
Guttman-McCabe (CTIA). This event is
free. See,
notice and registration page. Location: Wilmer Hale, 1875
Pennsylvania Ave., NW.
Deadline to submit comments to the
Federal Trade Commission (FTC) in connection
with its October 17 public workshop titled "Prohibition of Unfair Methods
of Competition In Section 5 of the Federal Trade Commission Act". See,
notice in the
Federal Register, August 28, 2008, Vol. 73, No. 168, at Pages 50818-50819.
Deadline to submit comments to the
Office of the U.S. Trade
Representative (OUSTR) regarding the request of the U.S., Japan, and
Taiwan to the World Trade Organization
(WTO) for the establishment of a dispute settlement panel regarding
European Union tariff treatment of set-top boxes with a communication
function, flat panel displays, and certain multifunctional digital
machines. See,
notice in the Federal Register, September 22, 2008, Vol. 73, No.
184, at Pages 54640-54642.
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Monday,
October 27 |
8:30 AM - 1:30 PM. The
National Science Foundation's (NSF)
President's Committee on the National Medal of Science will
hold a closed meeting to consider nominations. See,
notice
in the Federal Register, September 12, 2008, Vol. 73, No. 178, at
Pages 53051-53052. Location: NSF, Room 375, 4201 Wilson Blvd.,
Arlington, VA.
9:00 AM. The Department of Commerce's
(DOC) Bureau of Industry and
Security (BIS) will hold a public meeting to explain its proposed
Intra-Company Transfer (ICT) rule. See,
notice in
the Federal Register, October 22, 2008, Vol. 73, No. 205, at Pages
62951-62952. November 17, 2008, is the deadline to submit comments to
the BIS regarding its proposed rules changes. See,
notice
Federal Register, October 3, 2008, Vol. 73, No. 193, at Pages 57554-57564.
Location: Location: Room 4830, Hoover Building, 14th St., between
Constitution and Pennsylvania Aves., NW.
4:30 - 6:30 PM. The
American Enterprise Institute (AEI)
will host a review titled the "Supreme Court's 2007 and 2008
Terms". See,
notice. Location: AEI, 12th floor, 1150 17th
St., NW.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to its Further Notice of
Proposed Rulemaking (FNPRM) regarding assessment and collection of
regulatory fees for Fiscal Year 2008. This item is FCC 08-182 in MD
Docket No. 08-65. This FCC adopted this item on on August 1, 2008 and
released the
text [90 pages in PDF] on August 8, 2008. See,
notice
in the Federal Register, August 26, 2008, Vol. 73, No. 166, at Pages
50285-50296.
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Tuesday,
October 28 |
9:00 AM - 5:15 PM. The
Department of Energy's (DOE)
Advanced Scientific Computing Advisory Committee (ASCAC) will
meet. See,
notice in the Federal Register, October 16, 2008, Vol. 73, No. 201,
at Page 61412. Location: Hilton Washington DC North, 620 Perry Parkway,
Gaithersburg, MD.
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, October 16, 2008, Vol. 73, No. 201, at Pages 61419-61420.
Location: FCC, Commission Meeting Room, 445 12th St., SW.
6:00 - 8:00 PM. The
Federal Communications Bar
Association's (FCBA) Mass Media and Engineering and Technical
Practice Committees will host a seminar titled "The Final 100
Days Until the DTV Transition: Ready? Set? Go!!!". The speakers
will be David O'Connor (Wilkinson Barker Knauer),
John Burgett (Wiley
Rein), Jack Goodman (Wilmer Hale), Eloise Gore (FCC), Dianne Smith (Fox
Television Stations), Parul Desai (Media Access Project), Jonathan Collegio (National Association of Broadcasters), Mark Lloyd (Leadership
Conference on Civil Rights), Cathy Seidel (FCC), and Dennis Wallace
(Meintel Sgrignoli & Wallace). This event qualifies for continuing
legal education credits. Prices vary. See,
notice. Location: Wilmer Hale, 1875 Pennsylvania
Ave., NW.
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Wednesday,
October 29 |
9:00 AM - 12:00 NOON. The
Department of Energy's (DOE)
Advanced Scientific Computing Advisory Committee (ASCAC) will meet.
See, notice
in the Federal Register, October 16, 2008, Vol. 73, No. 201, at Page
61412. Location: Hilton Washington DC North, 620 Perry Parkway,
Gaithersburg, MD.
12:15 - 1:30 PM. The
Federal Communications Bar
Association's (FCBA) FCBA Foundation Scholarship Committee
will host a brown bag lunch to plan. For more information, contact Erin
Dozier at edozier at nab dot org or 202-775-4970. Location:
National Association of Broadcasters
(NAB), 1771 N St., NW.
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Thursday,
October 30 |
8:00 AM. The Federal Aviation Administration's (FAA)
Commercial Space Transportation Advisory Committee will meet. See,
notice in
the Federal Register, September 16, 2008, Vol. 73, No. 180, at Page
53477. Location: FAA headquarters building, Bessie Coleman Conference
Center, 2nd floor, 800 Independence Ave., SW.
12:30 - 2:00 PM. The
Federal Communications Bar
Association's (FCBA) International Telecommunications Practice
Committee will host a brown bag lunch titled "International
Undersea Cables -- A Global Market Update/Overview (What’s Behind the
New Wave of Planned Construction?)". The speaker will be
Timothy Stronge (TeleGeography). For more information, contact Susan
O'Connell at susan dot oconnell at fcc dot gov or 202-418-1484. RSVP by
October 24 to Jennifer Ullman at Jennifer dot ullman at verizon dot com
or 202-515-2432. Location: Verizon, 5th floor, Suite 400 West, 1300 I
St., NW.
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Federal Circuit In
California |
Monday, November 3.
12:00 NOON - 1:00 PM. The
Santa Clara University (SCU) law school's
High Tech Law Institute will host a
preview of cases in which the
U.S. Court of Appeals
(FedCir) will hear oral argument at the SCU law school on November 4,
2008. The speakers will be attorneys from the law firms of Blakely Sokoloff
Taylor & Zafman, McDermott Will & Emery, and Orrick Herrington & Sutcliffe.
Lunch will be served. Location: Bannan 127, SCU law school, Santa Clara,
California.
5:00 - 7:00 PM. Judge Kimberly Moore,
U.S. Court of Appeals
(FedCir), will give a speech and meet with law students. See,
notice. For more information, contact Roman Swoopes at swoopes at
stanford dot edu. Location:
Stanford University law school, Palo Alto, California.
Tuesday, November 4.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Mathworks v.
Comsol, App. Ct. No. 2008-1283, a patent infringement case
involving mathematical computing. This case is The Mathworks, Inc. v.
COMSOL AB, et al., an appeal from the
U.S. District Court for the
Eastern District of Texas, D.C. No. 6:06-cv-334. See, Mathworks'
brief [139 pages in PDF], Comsol's opposition
brief [PDF], and Mathworks'
reply brief [PDF]. See, Federal
Circuit oral
argument calendar. This is an invitation only event. Location: Moot
Court Room, Santa Clara University law
school, Santa Clara, California.
12:00 NOON - 2:00 PM. Judges of the
U.S. Court of Appeals
(FedCir) will speak and answer questions at a lunch hosted by
Santa Clara University law school's
High Tech Law Institute and the Silicon Valley Intellectual Property
Association. The price to attend is $50. See,
registration page. Location: Mission Room, Benson Center, Santa
Clara University, Santa Clara, California.
2:00 PM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Acumed v.
Stryker, App. Ct. No. 2008-1124, a long running patent
infringement case involving technology for orthopedic surgery. See,
Federal Circuit
oral argument
calendar. Location: Stanford
University, Palo Alto, California.
2:00 PM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Dippin' Dots v.
Mosey, App. Ct. No. 2008-1125, a patent infringement and
antitrust case involving ice cream technology. See, Federal Circuit
oral argument
calendar. Location: Stanford
University, Palo Alto, California.
Wednesday, November 5.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Takeda
Pharmaceutical v. Teva Pharmaceuticals, App. Ct. No. 2008-1314.
See, Federal Circuit
oral argument
calendar. Location: San Jose, California.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Boston Scientific
v. Cordis, App. Ct. No. 2008-1073, a patent infringement cases
involving stents used in the treatment of coronary artery disease. See,
Federal Circuit oral
argument calendar. Location: San Jose, California.
2:00 - 9:00 PM. The
Santa Clara University law school's
High Tech Law Institute, the
Stanford Program in Law, Science and Technology, and the Federal Circuit Bar
Association (FCBA) will host an event titled "The Federal Circuit Visits the
Valley -- Discourse and Dinner". This event has sold out. Location: Four
Seasons Hotel, East Palo Alto, California.
Thursday, November 6.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Lacks Industries v.
Mckechnie Vehicle, App. Ct. No. 2008-1167, a patent infringement
case involving automobile wheels. See, Federal Circuit
oral argument
calendar. Location: San Francisco, California.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Informatica Corp
v. Business Objects Data Integration, App. Ct. No. 2008-1123, a
patent infringement case. See, Federal Circuit
oral argument
calendar. Location: San Francisco, California.
12:45 - 2:00 PM. Federal Trade
Commission (FTC) Commissioner Pam Harbour will give a speech titled
"How Competition Law Promotes Technological Innovation: The Role
of the Federal Trade Commission". This event is free and open
to the public. See,
notice. For more information, contact Amanda Smith at asmith at law
dot stanford dot edu. Location: Room 280A,
Stanford University law
school, Palo Alto, California.
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