12/1. The U.S. Court of Appeals (FedCir) issued its opinion [40 pages in PDF] in Qualcomm v. Broadcom, a case regarding the consequence of silence in the face of a duty to disclose patents in a standards setting organization (SSO).

A Joint Video Team (JVT) SSO was created to develop a video compression standard. Qualcomm participated in this JVT SSO. It did not disclose to the JVT its U.S. Patent Nos. 5,452,104 and 5,576,767. The JVT adopted a standard (also known as H.264) that included technology covered by these two patents. Broadcom made products that are compliant with this standard.

Qualcomm then filed a complaint in U.S. District Court (SDCal) against Broadcom alleging infringement of its '104 and '767 patents in connection with Broadcom products that are compliant with the H.264 standard.

The District Court held in a series of orders that Qualcomm had a duty to disclose the asserted patents to the JVT, that it breached this duty, that Qualcomm's misconduct and litigation misconduct made this an exceptional case for the purpose of awarding Broadcom its attorney fees, and that the '104 and '767 patents are unenforceable against the world.

The Court of Appeals affirmed the judgment of the District Court as to the duty to disclose, the breach of that duty, and the award of attorneys fees, but vacated and remanded as to the order of unenforceability.

The Court of Appeals vacated the unenforceability judgment and remanded with instructions that the District Court enter an unenforceability remedy limited in scope of products that are compliant with the standard adopted by the JVT.

David Rosmann, Broadcom's VP for Intellectual Property Litigation, stated in a release that "Qualcomm's standards abuse in this case is just the tip of the iceberg ... We believe Qualcomm has violated the rules of the cellular standards bodies as well, a fact we are determined to bring to light in our other pending cases."

The Court of Appeals wrote that "By failing to disclose relevant intellectual property rights (``IPR´´) to an SSO prior to the adoption of a standard, a ``patent holder is in a position to `hold up´ industry participants from implementing the standard. Industry participants who have invested significant resources developing products and technologies that conform to the standard will find it prohibitively expensive to abandon their investment and switch to another standard.´´", citing the September 4 2007, opinion [39 pages in PDF] of the U.S. Court of Appeals (3rdCir) in Broadcom v. Qualcomm.

The 3rd Circuit held in that opinion, which is also reported at 501 F.3d 297, that deceptive conduct regarding patents in a standards determination process can constitute a violation of antitrust law. See also, story titled "3rd Circuit Rules that Deception of SDO Can Give Rise to Claims for Violation of Sherman Act" in TLJ Daily E-Mail Alert No. 1,635, September 7, 2007.

But see, April 22, 2008, opinion [24 pages in PDF] of the U.S. Court of Appeals (DCCir) in Rambus v. FTC and story titled "Court of Appeals Rules in Rambus v. FTC" in TLJ Daily E-Mail Alert No. 1,752, April 23, 2008. The Federal Trade Commission (FTC) has filed a petition for writ of certiorari with the Supreme Court. See, story titled "FTC Files Cert Petition in FTC v. Rambus" in TLJ Daily E-Mail Alert No. 1,863, November 25, 2008.

In the present case, the Court of Appeals wrote that "In order to avoid ``patent hold-up,´´ many SSOs require participants to disclose and/or give up IPR covering a standard."

The Court of Appeals, held that Qualcomm had a duty to disclose arising under the written policies of both the JVT and its parent organizations, that the scope of that duty reached the two patents, and that Qualcomm breached this duty.

This case is Qualcomm v. Broadcom, U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 2007-1545 and 2008-1162, appeals from the U.S. District Court for the Southern District of California, D.C. No. 05-CV-1958, Judge Rudi Brewster presiding. Judge Prost wrote the opinion of the Court of Appeals, in which Judges Mayer and Lourie joined.

11/26. A trial jury of the U.S. District Court (CDCal) returned a verdict of guilty against Lori Drew on three misdemeanor counts of criminal violation of Section 1030 in connection with her violation of the terms of service (TOS) of the social networking site MySpace.

Among the most fundamental tenets of the U.S. system of criminal justice are the principals that a person can only be punished for violating prohibitions of a criminal statute that have been reduced to writing prior to the commission of the acts for which the government seeks to impose punishment, and that this statute puts persons on notice in advance as to what acts are prohibited.

The prosecution of Lori Drew violates both of these principles.

The government seeks to punish Drew for violating abstract and uncodified moral precepts -- creating a false identity in a social networking web site, cyber bullying, and causing emotional distress. Although, it asserts, without merit, the violation of a statute.

The statute that serves as the pretext for this prosecution, the Computer Fraud and Abuse Act (CFAA), is codified at 18 U.S.C. § 1030. It is one of the key statutes regulating conduct on the internet. Hence, the bringing of this prosecution, the trial court's failure to dismiss the indictment, and the jurors' verdict, insert unpredictability into internet law.

If this and similar prosecutions are allowed to proceed, then internet users and companies cannot know in advance what conduct on the internet is subject to criminal prosecution. Also, since Section 1030 also provides a civil cause of action, this case may forebode chaos in civil litigation.

Consequently, the prosecution of this defendant has been widely criticized by legal scholars and technology groups. See, for example, story titled "Law Professors Argue for Dismissal of MySpace Section 1030 Prosecution" in TLJ Daily E-Mail Alert No. 1,810, August 11, 2008.

If the verdict is not set aside by the trial judge, the judgment of the trial court is likely to be reversed by the U.S. Court of Appeals (9thCir).

Section 1030 criminalizes certain acts of unauthorized access to protected computer systems. It is the anti-hacking statute. In contrast, the U.S. Attorneys Office for the Central District of California obtained an indictment [10 pages in PDF] of Drew for violating the TOS of MySpace. MySpace intends that millions of users will access its computers to communicate with other users.

The indictment alleges that Drew is an adult woman who created a fake MySpace profile of a teenage boy, and proceeded to cyber bully a teenage girl named Megan Meier who also used MySpace. See also, story titled "Lori Drew Pleads Not Guilty in Section 1030 Case" in TLJ Daily E-Mail Alert No. 1,784, June 23, 2008.

Drew is accused of committing acts of cyber bulling after violating MySpace's TOS. But, no federal statute criminalizes either cyber bullying, joining a social networking site with an assumed name, or violating the site's TOS. These acts are not criminalized by Section 1030.

The U.S. Attorney, Thomas O'Brien (at left), tried the case.

The Center for Democracy and Technology (CDT) stated in its web site on December 1, 2008, that this conviction represents a "gross and inappropriate expansion of federal power to regulate speech and communications over the Internet."

The CDT added that "the conviction should be overturned and further prosecutorial attempts abandoned".

This case is U.S. v. Lori Drew, U.S. District Court for the Central District of California, D.C. No. CR-08-0582-GW, Judge George Wu presiding.

11/24. The U.S. District Court (CDCal) sentenced Terry Christensen to serve 36 months in federal prison following his conviction for violation of the federal wiretapping statute. Christensen was an attorney. He paid Anthony Pellicano, formerly a private investigator, for information acquired by wiretap to gain tactical advantage for a client in a domestic relations case. See, release of the U.S. Attorneys Office for the Central District of California.

11/21. The U.S. District Court (CDCal) sentenced John Gavin to serve six months in prison following his conviction for criminal trafficking in counterfeit Cisco networking products. See, release [PDF] of the Department of Justice's (DOJ) Computer Crimes and Intellectual Property Section (CCIPS).

11/18. A 16 year old defendant, whose name is sealed, pled guilty in U.S. District Court (D-Mass) to criminal computer intrusion in connection with his activities, beginning in 2005, of unauthorized accessing of company computer systems, creation of botnets, and launching of  cyber attacks on further victims' computers. See, release [PDF] of the Department of Justice's (DOJ) Computer Crimes and Intellectual Property Section (CCIPS).

12/1. The Federal Communications Commission's (FCC) Office of the Inspector General (OIG) released a report [48 pages in PDF] titled "Semiannual Report to Congress". This report addresses, among other topics, its investigation into Cyren Call Communications and the FCC's failed 700 MHz D Block auction.

12/1. The Supreme Court denied certiorari in James Kay v. FCC, a case regarding the Federal Communications Commission's (FCC) dismissal of applications to assign expired private land mobile radio station licenses. See, Order List [16 pages in PDF] at page 5, and Supreme Court docket. This lets stand the May 23, 2008, opinion [4 pages in PDF] of the U.S. Court of Appeals (DCCir), which affirmed the FCC's dismissals. This case is James Kay v. FCC, Supreme Court, Sup. Ct. No. 08-578, a petition for writ of certiorari to the U.S. Court of Appeals for the District of Columbia, App. Ct. Nos. No. 03-1072 and 05-1290.

12/1. The Cato Institute's David Rittgers wrote in a short essay that if the Congress or Federal Communications Commission (FCC) were to reinstitute a fairness doctrine (which was imposed by the FCC from 1949 through 1987), a legal challenge would succeed. He wrote that "First, the legal rationale that justified it in the first place has been overcome by technology. Second, the effect of a new Fairness Doctrine would be to restrict speech, not increase the volume and quality of discourse. Third, the Supreme Court, as currently constituted, will overturn a new Fairness Doctrine."

11/26. The Federal Communications Commission's (FCC) Office of the Inspector General (OIG) released a report [49 pages in PDF] titled "Public Safety Interoperable Communications Grant Program: Improving Interoperable Communications Nationwide: Overview of Initial State and Territory Investments".

11/25. The National Telecommunications and Information Administration (NTIA) and Federal Emergency Management Agency (FEMA) released a joint report [PDF] titled "Public Safety Interoperable Communications Grant Program Improving Interoperable Communications Nationwide: Overview of Initial State and Territory Investments".

11/25. The U.S. Court of Appeals (2ndCir) issued its opinion [PDF] in Life Receivables Trust v. Syndicate 102 at Lloyd's of London, holding that the Federal Arbitration Act (FAA) does not authorize arbitrators to compel pre-hearing document discovery from entities that are not parties to the arbitration proceeding. There is a circuit split on this issue. The U.S. Court of Appeals (8thCir) held in In re Arbitration Between Sec. Life Ins. Co. of Am., 228 17 F.3d 865 (2000) that the arbitrator has this authority. The U.S. Court of Appeals (3rdCir) held in Group, Inc. v. E.B.S. Acquisition Corp., 360 F.3d 404 (2004) that the arbitrator does not have this authority. The U.S. Court of Appeals (4thCir) held in Comcast v. NSF, 190 F.3d 269 (1999) that the arbitrator sometimes has this authority. The present case is Life Receivables Trust, et al. v. Syndicate 102 at Lloyd's of London, U.S. Court of Appeals for the 2nd Circuit, App. Ct. No. 07-1197-cv, an appeal from the U.S. District Court for the Southern District of New York.

11/25. The U.S. District Court (MDFl) issued a Preliminary Injunctive Order [10 pages in PDF] in FTC v. CyberSpy Software, that bars CyberSpy Software, LLC and its principal, Tracer R. Spence, from distributing their spyware software. See also, FTC release and story titled "FTC Sues Seller of Spyware Software and Services" in TLJ Daily E-Mail Alert No. 1,858, November 18, 2008. This case is FTC v. CyberSpy Software LLC and Tracer R. Spence, U.S. District Court for the Middle District of Florida, Orlando Division, D.C. No. 6:08-cv-1872-GJK.

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.

Tech Law Journal now accepts credit card payments. See, TLJ credit card payments 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.

This issue contains the following items:
 • Federal Circuit Affirms in Qualcomm v. Broadcom
 • Jury Returns Guilty Verdict in Lori Drew Case
 • Tech Crime Report
 • More News (including release of two FCC OIG reports)

The House will not meet. It may meet the week of December 8.

The Senate will meet in pro forma session at 10:30 AM.

10:00 - 11:30 AM. The New America Foundation (NAF) will host an event titled "A National Broadband Strategy Call to Action". The speakers will be Jim Baller (Baller Herbst Law Group), Jim Cicconi (AT&T), Larry Cohen (Communications Workers of America), Rick Whitt (Google), Ben Scott (Free Press), Kenneth Peres (Communications Workers of America), Grant Seiffert (Telecommunications Industry Association), Charles Benton (Benton Foundation), Mark Luker (Educause), Robert Atkinson (Information Technology and Innovation Foundation), Libby Beaty (National Association of Telecommunications Officers and Advisors), and Diane Duffy (Telcordia Technologies). See, notice. Location: Room 253, Russell Building, Capitol Hill.

10:00 AM. The U.S. Court of Appeals (FedCir) will consider on the briefs Cygnus Telecommunications Technology v. Worldport Communications, App. Ct. No. 2008-1351, a appeal from the U.S. District Court (NDCal) in a patent case involving personal jurisdiction and availability of injunctive relief. See, District Court opinion [PDF].

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cordis v. Boston Scientific, App. Ct. No. 2008-1003. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in O2 Micro International v. Taiwan Sumida, App. Ct. No. 2008-1411, a appeal from the U.S. District Court (EDTex) in a patent case involving inverter controllers for LCD applications. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Monolithic Power v. O2 Micro International, App. Ct. No. 2008-1128. Location: Courtroom 203, 717 Madison Place, NW.

12:30 - 1:45 PM. The New America Foundation (NAF) will host a lunch titled "The Impact of Media on Child and Adolescent Health". The speakers will be Zeke Emanuel (National Institute of Health), Cary Gross (Yale University School of Medicine), Marcella Nunez-Smith (Yale University School of Medicine), Jim Steyer (Common Sense Media), and Michael Calabrese (NAF). See, notice and registration page. Location: Room 253 Russell Building, Capitol Hill.

2:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tokyo Keiso v. SMC, App. Ct. No. 2008-1045, a patent case regarding ultrasonic flow meters. Location: Courtroom 201, 717 Madison Place, NW.

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) proposed rules implementing the E-911 grant program authorized under the Ensuring Needed Help Arrives Near Callers Employing 911 (ENHANCE 911) Act of 2004. This bill was Title I of HR 5419 (108th Congress), a large bill that also addressed spectrum relocation and universal service. It was signed into law on December 23, 2004. It is now Public Law No. 108-494. See, notice in the Federal Register, October 3, 2008, Vol. 73, No. 193, at Pages 57567-57580.

Deadline to submit comments to the Copyright Office (CO) in response to its notice of inquiry in its fourth triennial review of exemptions to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). See, notice in the Federal Register, October 6, 2008, Vol. 73, No. 194, at Pages 58073-58079, and story titled "Copyright Office Announces 4th Triennial Review of DMCA Exemptions" in TLJ Daily E-Mail Alert No. 1,839, October 7, 2008.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the Rural Cellular Association's (RCA) May 20, 2008, petition for rulemaking [25 pages in PDF] regarding "the widespread use and anticompetitive effects of exclusivity arrangements between commercial wireless carriers and handset manufacturers" and "rules that prohibit such arrangements". See, notice in the Federal Register, October 23, 2008, Vol. 73, No. 206, at Pages 63127-63128. This proceeding is RM No. 11497.

Deadline to submit initial comments to the Federal Communications Commission (FCC) 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. See, notice in the Federal Register, October 23, 2008, Vol. 73, No. 206, at Pages 63128-63129. This proceeding is RM No. 11498.

8:30 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, November 12, 2008, Vol. 73, No. 219, at Page 66844. Location: George Washington University, Cafritz Conference Center, 800 21st St., NW.

9:00 AM - 4:00 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet. The speakers will include Hugo Teufel (Chief Privacy Officer), Catherine Papoi (Deputy Chief Freedom of Information Act Officer), and Michael Smith (acting Director of Federal Network Security). See, notice in the Federal Register, November 19, 2008, Vol. 73, No. 224, at Page 69668. Location: Galleries I and II, Hilton Arlington Hotel, 950 North Stafford St., Arlington, VA.

10:00 AM. The Securities and Exchange Commission (SEC) will hold an event titled "Open Meeting". Location: SEC, Room L-002, 100 F St., NE.

12:00 NOON - 1:30 PM. The DC Bar Association (DCBA) will host a closed event titled "Wiring Buildings: Next Steps For The Communications And Real Estate Industries". The speakers will be Steven Morris (NCTA), Yaron Dori (Covington & Burling), Natalie Roisman (Wilkinson Barker Knauer), Gerard Lederer (Miller & Van Eaton), Michael Schooler (NCTA), and Hank Hultquist (AT&T). The price to attend ranges from $10 to $15. For more information, contact 202-626-3463. See, notice. The DCBA has a record of excluding persons from its events. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

2:00 - 3:00 PM. The Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee will meet by teleconference. The listen only call in number is 1-866-222-9044; the PIN is 78982. The agenda includes a discussion of the "Next Generation of the Homeland Security Information Network". See, notice in the Federal Register, November 19, 2008, Vol. 73, No. 224, Pages 69668-69669.

Day one of a three day event hosted by the U.S. Chamber of Commerce titled "One Voice for Trade; International Trade Leadership Program". The price to attend ranges from $175-$225. See, notice. Location: U.S. Chamber, 1650 H St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the FNPRM portion of its November 5, 2008, Order on Remand regarding universal service, IP enabled services, intercarrier compensation, and other topics. See, notice in the Federal Register, November 12, 2008, Vol. 73, No. 219, at Pages 66821-66830. The FCC adopted and released this Order on Remand and Report and Order and Further Notice of Proposed Rulemaking [430 pages in PDF] on November 5. FCC Chairman Kevin Martin offered this explanation in his statement associated with this item: "Today we tell the U.S. Court of Appeals for the D.C. Circuit and the Federal-State Joint Board on Universal Service that, after years of deliberation, we are still unready to move forward with comprehensive reform of intercarrier compensation and universal service. Instead, we issue another open-ended Further Notice of Proposed Rulemaking on a variety of approaches for comprehensive reform, and my colleagues promise to act on it by December 18." This item is FCC 08-262 in WC Docket No. 05-337, CC Docket No. 96-45, and WC Docket No. 03-109, WC Docket No. 06-122, and CC Docket No. 99-200, CC Docket No. 96-98, and CC Docket No. 01-92, CC Docket No. 99-68, and WC Docket No. 04-36.

8:30 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, November 12, 2008, Vol. 73, No. 219, at Page 66844. Location: George Washington University, Cafritz Conference Center, 800 21st St., NW.

9:30 AM - 12:30 PM. The National Telecommunications and Information Administration's (NTIA) Spectrum Management Advisory Committee (SMAC) will meet. See, notice in the Federal Register, November 12, 2008, Vol. 73, No. 219, at Page 66845. This notice states that the SMAC "will consider a transition report and any remaining reports of its Technical Sharing Efficiencies and Operational Sharing Efficiencies subcommittees", and receive public comments. Location: Room 5855 (Secretary's Conference Room), 1401 Constitution Ave., NW.

Day two of a three day event hosted by the U.S. Chamber of Commerce titled "One Voice for Trade; International Trade Leadership Program". The price to attend ranges from $175-$225. See, notice. Location: U.S. Chamber, 1650 H St., NW.

8:00 AM - 5:15 PM. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, November 12, 2008, Vol. 73, No. 219, at Page 66844. Location: George Washington University, Cafritz Conference Center, 800 21st St., NW.

9:30 AM. The House Financial Services Committee (HFSC) will hold a hearing regarding government protection of U.S. auto companies. See, notice. Location: Room 2128, Rayburn Building.

9:30 AM - 4:45 PM. The Federal Trade Commission (FTC) will hold a hearing titled "The Evolving IP Marketplace". See, FTC notice and notice in the Federal Register, November 21, 2008, Vol. 73, No. 226, at Pages 70645-70648. See also, story titled "FTC to Hold Hearings on IP Law" in TLJ Daily E-Mail Alert No. 1,853, November 5, 2008. Location: FTC, 601 New Jersey Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tafas v. Dudas, App. Ct. No. 2008-1352, an appeal from the U.S. District Court (EDVa) in a case regarding the rulemaking authority of the U.S. Patent and Trademark Office (USPTO). The District Court wrote in its opinion that "Because the USPTO's rulemaking authority under 35 U.S.C. § 2(b)(2) does not extend to substantive rules, and because the Final Rules are substantive in nature, the Court finds that the Final Rules are void as ``otherwise not in accordance with law´´ and ``in excess of statutory jurisdiction [and] authority.´´ 5 U.S.C. § 706(2)." (Brackets in original. Hyperlinks added.) Location: Courtroom 203, 717 Madison Place, NW.

Day three of a three day event hosted by the U.S. Chamber of Commerce titled "One Voice for Trade; International Trade Leadership Program". The price to attend ranges from $175-$225. See, notice. Location: U.S. Chamber, 1650 H St., NW.

The House may meet. It may take of legislation to protect GM, Ford and Chrysler from competition and failure.

9:00 AM - 3:00 PM. The Office of the U.S. Trade Representative's (OUSTR) Industry Trade Advisory Committee on Small and Minority Business (ITAC-11) will meet. The meeting will be closed to the public from 9:00 AM through 12:30 PM. It will be open from 1:00 through 3:00 PM. See, notice in the Federal Register, November 20, 2008, Vol. 73, No. 225, at Page 70388. Location: Department of Commerce, 14th Street and Constitution Ave., NW.

11:00 AM. The Supreme Court will hear oral argument in Pacific Bell Telephone v. Linkline Communications, Sup. Ct. No. 07-512. This is a petition for writ of certiorari to the U.S. Court of Appeals (9thCir) in a case involving application of Section 2 of the Sherman Act to telecommunications. See, September 11, 2007, divided opinion [22 pages in PDF] of the Court of Appeals, and story titled "Supreme Court Grants Certiorari in Pacific Bell v. Linkline" in TLJ Daily E-Mail Alert No. 1,786, June 25, 2008.

12:00 NOON - 1:00 PM. The Heritage Foundation will host a panel discussion titled "Under Attack: Today's Cyber Threat". The speakers will be Heli Tiirmaa-Klaar (Estonian Ministry of Defense), John Tkacik (Heritage), Frank Garcia (House Intelligence Committee staff), Steve Bucci (IBM), and Peter Brookes (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications Committee will host a brown bag lunch titled "Meet the FCC's Homeland Security & Public Safety Bureau". The speakers will be Derek Poarch (Chief of the FCC's Homeland Security & Public Safety Bureau) and others. Location: Holland & Knight, 2099 Pennsylvania Ave., NW.

Effective date of the Copyright Office's (CO) interim regulation to clarify the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries (DPDs). See, notice in the Federal Register, November 7, 2008, Vol. 73, No. 217, at Pages 66173-66182. See also, story titled "Copyright Office Releases Interim Section 115 Digital Phonorecord Delivery Regulation" in TLJ Daily E-Mail Alert No. 1,854, November 10, 2008.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its request for comments regarding its collection of information in statutory invention registrations. See, notice in the Federal Register, October 7, 2008, Vol. 73, No. 195, at Pages 58572-58573.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) regarding requiring devices capable of receiving Satellite Digital Audio Radio Service (SDARS) to include digital audio broadcast (DAB), HD Radio, or other technologies capable of providing audio entertainment services. This is a part of the FCC's proceeding on the merger of XM and Sirius. See, story titled "FCC Approves XM Sirius Merger" in TLJ Daily E-Mail Alert No. 1,800, July 25, 2008. The FCC adopted this NOI on August 22, 2008, and released the text [9 pages in PDF] on August 25, 2008. It is FCC 08-196 in MB Docket No. 08-172. See, notice in the Federal Register, September 10, 2008, Vol. 73, No. 176, at Pages 52657-52660.

Deadline for Federal Communications Commission (FCC) administrative law judge to resolve all factual disputes and submit a recommended decision and remedy with respect to six program carriage complaints. See, FCC Public Notice DA 08-2269, and notice in the Federal Register, November 3, 2008, Vol. 73, No. 213, at Pages 65312-65329. See also, story titled "FCC Releases Order On Program Carriage Complaints" in TLJ Daily E-Mail Alert No. 1,844, October 17, 2008. This proceeding is MB Docket No. 08-214.