5/5. Sen. Jeff Sessions (R-AL) was named ranking Republican on the Senate Judiciary Committee (SJC). He replaces Sen. Arlen Specter (D-PA), who switched parties.

Sen. Sessions (at right) commented in a release on upcoming confirmation hearings for President Obama's appointment to the Supreme Court seat being vacated by Justice David Souter.

He said that "The president should be accorded reasonable deference in his judicial nomination, but the Judiciary Committee is obligated to act on behalf of the American people by scrutinizing the nominee’s experience and judicial temperament, and identifying the nominee’s strengths and weaknesses. The nominee deserves a fair evaluation, and I will insist on a fair hearing, but I will also ensure that the questioning be a rigorous and thorough examination of his or her qualifications. Only through thoughtful and substantive questioning can the Senate fully meet its constitutional responsibility to 'advise and consent'."

5/4. The Supreme Court issued its opinion [18 pages in PDF] in Ignacio Flores-Figueroa v. USA, reversing the judgment of the Court of Appeals. At issue is what the prosecution must prove in an aggravated identity theft case.

18 U.S.C. §1028A(a)(1) provides in full that "Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years."

The Supreme Court held that this statute requires the prosecution to show that the defendant knew that the means of identification he or she unlawfully transferred, possessed, or used, in fact belonged to another person.

The Electronic Privacy Information Center (EPIC) wrote in its amicus curiae brief [PDF], urging reversal, that "The statute under consideration by the Court was intended to punish intentional, fraudulent impersonation of another, not the creation of partly fictitious documents to receive employment or public benefits. This distinction is crucial, not only to the proper application of federal law, but also to the development of appropriate techniques to safeguard privacy and security."

It continued that "The Court should not set a precedent that might inadvertently render the use of privacy enhancing pseudonyms, anonymizers, and other techniques for identity management unlawful. Such an outcome could result in an increase in identity theft and undermine the very purpose of the statutory provision."

This case is Ignacio Flores-Figueroa v. USA, Supreme Court of the U.S., Sup. Ct. No. 08-108, a petition for writ of certiorari to the U.S. Court of Appeals for the 8th Circuit, App. Ct. No. 07-2871. See also, Supreme Court docket.

5/4. The Supreme Court issued an order in FCC v. CBS. It wrote, "The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of FCC v. Fox Television Stations, Inc." See, Orders List [9 pages in PDF] at page 2.

This vacates the July 21, 2008, opinion [PDF] of the U.S. Court of Appeals (3rdCir). See, story titled "3rd Circuit Overturns FCC's Breast Broadcast Fine" in TLJ Daily E-Mail Alert No. 1,797, July 22, 2009.

The Supreme Court issued its opinion [PDF] in FCC v. Fox on April 28, 2009. See, story titled "Supreme Court Reverses in FCC v. Fox" in TLJ Daily E-Mail Alert No. 1,932, April 28, 2009.

In both cases, Courts of Appeals vacated orders of the Federal Communications Commission (FCC) that fined broadcasters for airing unscripted fleeting expletives. In both cases, the Courts of Appeals held that the FCC's use of its new fleeting expletives policy is arbitrary and capricious under the Administrative Procedure Act (APA).

On March 15, 2006, the FCC released a forfeiture order [30 pages in PDF] that fined CBS $550,000 in connection with the disclosure of a breast of a singer named Janet Jackson in a broadcast music performance within a program titled "Super Bowl XXXVIII". That order is FCC 06-19. See, story titled "FCC Releases Indecency Orders" in TLJ Daily E-Mail Alert No. 1,332, March 20, 2006.

On April 14, 2006, CBS filed with the FCC a Petition for Reconsideration of Forfeiture Order. See, story titled "CBS Challenges FCC's Indecency Actions" in TLJ Daily E-Mail Alert No. 1,351, April 17, 2006.

On May 31, 2006, the FCC released its Order on Reconsideration [18 pages in PDF] denying that petition. That order is FCC 06-68. See, story titled "FCC Denies Petition for Reconsideration of CBS's Breast Broadcast Fine" in TLJ Daily E-Mail Alert No. 1,382, June 1, 2008.

This case is FCC v. CBS, Supreme Court of the U.S., Sup. Ct. No. 08-653, a petition for writ of certiorari to the U.S. Court of Appeals for the 3rd Circuit, App. Ct. No. 06-3575. The Court of Appeals heard a petition for review of a final order of the FCC. See also, Supreme Court docket.

5/4. The Supreme Court issued its opinion [14 pages in PDF] in Carlsbad Technology v. HIF Bio, a case regarding federal appellate court jurisdiction. It reversed the judgment of the U.S. Court of Appeals (FedCir).

The case is concerns the situation where a plaintiff pleads both federal claims, such as patent or copyright infringement, over which the federal courts have jurisdiction, and state law claims, such as breach of contract, over which the federal courts can exercise supplemental jurisdiction, under 28 U.S.C. § 1367.

When the federal District Court dismisses the federal claims, declines to exercise supplemental jurisdiction over the remaining state law claims, and remands the case to the state court, the question arises, does the federal Court of Appeals have jurisdiction to review the remand order? In this case, the Court of Appeals said no, and the Supreme Court said yes.

This conclusion is inconsistent with the plain language of the statute. 28 U.S.C. § 1447(d) provides in full that "An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise."

Background. This case arises out of a dispute over ownership of drug inventions. However, there is no patent infringement claim.

Jong-Wan Park and Yang-Sook Chun are Korean researchers. They claim to be inventors of a drug that may kill cancerous tumors in humans.

Che-Ming Teng, a Taiwanese professor, and Fang-Yu-Lee, the President of Yung Shin Pharmaceuticals Industrial Co., Ltd., also claim to be the inventors.

Park and Chun assigned their rights to BizBiotech, which later assigned to HIF Bio. The Park/Chun camp alleges that the Teng/Lee camp misled and fraudulently induced them to disclose pre-publication research data and confidential business plans. Both camps filed patent applications. The Park/Chun camp asserts that the Teng/Lee camp falsely claims inventorship.

HIF Bio and others filed a complaint in state court in California against Yung Shin Pharmaceuticals, Carlsbad Technologies and others pleading various state law claims, and a federal claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), which is codified at 18 U.S.C. §§ 1961-1968.

The defendants removed the case to the U.S. District Court (CDCal), pursuant to 28 U.S.C. § 1441, based upon the one RICO count.

The District Court dismissed the RICO count for failure to state a claim under which relief may be granted, pursuant to FRCP Rule 12(b)(6). It then declined to exercise supplemental jurisdiction over the state law claims, and remanded the case to the state court.

The defendants then appealed the District Court remand order to the U.S. Court of Appeals (FedCir). The Court of Appeals issued its opinion [15 pages in PDF] on November 13, 2007. It held that the remand order could "be colorably characterized as a remand based on lack of subject matter jurisdiction" and, therefore, could not be reviewed under 28 U.S.C. §§ 1447(c) and (d), which provide that remands for "lack of subject matter jurisdiction" are "not reviewable on appeal or otherwise."

Carlsbad Technology and others (the defendants in the trial courts, and appellants in Court of Appeals) filed a petition for writ of certiorari with the Supreme Court. The Supreme Court granted certiorari on October 14, 2008. See, story titled "Supreme Court Grants Cert in Carlsbad Technology v. HIF Bio" in TLJ Daily E-Mail Alert No. 1,842, October 14, 2008.

There are numerous patent related state law claims, including slander of title, conversion, actual and constructive fraud, intentional interference with contractual relations and prospective economic advantage, negligent interference with contractual relations and prospective economic advantage, breech of implied contract, unfair competition and fraudulent business practices, unjust enrichment-constructive trust, and a claim for declaratory judgment for ownership and inventorship.

The significance of this case, and in other cases in which a federal claim is dismissed, goes to whether the remaining state law claims are tried in state or federal court. To the extent that relevant federal and state courts are different in their procedural rules, docket speeds, expertise, biases, or other respects, whether or not the District Court exercises supplemental jurisdiction can affect the ultimate outcome of the litigation.

Supreme Court. The Supreme Court wrote that the issue before it was "whether a federal court of appeals has jurisdiction to review a district court's order that remands a case to state court after declining to exercise supplemental jurisdiction over state-law claims under 28 U. S. C. §1367(c). The Court of Appeals for the Federal Circuit held that appellate review of such an order is barred by §1447(d) because it viewed the remand order in this case as resting on the District Court's lack of subject matter jurisdiction over the state-law claims."

It reversed.

It reasoned that when the case was removed to the federal court, that court had jurisdiction over the federal RICO claim, and supplemental jurisdiction over the state law claims under § 1367(a). Then "Upon dismissal of the federal claim, the District Court retained its statutory supplemental jurisdiction over the state-law claims. Its decision declining to exercise that statutory authority was not based on a jurisdictional defect but on its discretionary choice not to hear the claims despite its subject-matter jurisdiction over them."

"The remand order, therefore, is not based on a ``lack of subject matter jurisdiction´´ for purposes of the bar to appellate review created by §§1447(c) and (d)."

Thus, "When a district court remands claims to a state court after declining to exercise supplemental jurisdiction, the remand order is not based on a lack of subject-matter jurisdiction for purposes of §§1447(c) and (d)."

Justice Clarence Thomas wrote the opinion for the unanimous court. Justice Stevens wrote a concurring opinion. Justice Scalia wrote a concurring opinion. Justice Breyer wrote a concurring opinion, in which Justice Souter joined.

Justice Breyer, who was never a litigator in private practice, wrote in his concurring opinion that when a District Court issues a remand order, "a wrong decision is unlikely to work serious harm".

He also questioned "whether statutory revision is appropriate".

Justice Scalia wrote in his concurrence that statutory revision is not necessary.  He argued that the holding in this case was compelled by Supreme Court precedent on this subject, which is "a hodgepodge of jurisdictional rules that have no evident basis even in common sense". He concluded that "This mess" is "entirely of our own making".

Justice Stevens wrote in his concurrence that the Supreme Court's precedent, and this opinion, both hold that Section 1447 "does not mean what it says".

This case is Carlsbad Technology, Inc. v. HIF Bio, Inc., Supreme Court of the U.S., Sup. Ct. No. 07-1437, a petition for review of the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2006-1522. The Court of Appeals heard an appeal from the U.S. District Court for the Central District of California, D.C. No. 05-07976. See also, Supreme Court docket.

5/5. The Copyright Office (CO) will hold a meeting regarding its Section 1201 DMCA anti-circumvention exemptions rulemaking proceeding, its Section 115 compulsory license rulemaking proceeding, and other CO matters, on Thursday, May 7, at 6:00 PM.

	Marybeth Peters

Marybeth Peters (Register of Copyright), Steve Ruwe (Attorney Advisor, CO), Robert Kasunic (Principal Legal Advisor, CO), Ben Golant (Assistant General Counsel, CO), and Ted Hirakawa (Assistant Chief, Literary Division, Registration & Recordation, CO) will preside.

The agenda includes discussion of the CO's 17 U.S.C. § 1201 anti-circumvention rulemaking proceeding. See, notice of proposed rulemaking in the Federal Register, December 29, 2008, Vol. 73, No. 249, at Page 79425-79428. This proceeding is numbered RM 2008-8. See also, CO's web page for this proceeding.

See also, stories titled "Copyright Office Announces 4th Triennial Review of DMCA Exemptions" in TLJ Daily E-Mail Alert No. 1,839, October 7, 2008; "Copyright Office Seeks Comments on Proposed DMCA Exemptions" in TLJ Daily E-Mail Alert No. 1,877, January 5, 2009; and "Copyright Office to Hold Hearings on DMCA Exemptions" in TLJ Daily E-Mail Alert No. 1,911, March 10, 2009.

The agenda also includes discussion of the 17 U.S.C. § 115 mechanical license for musical works rulemaking proceeding. See, notice of proposed rulemaking in the Federal Register, July 16, 2008, Vol. 73, No. 137, at Pages 40802-40813. The CO issued interim rules and requested further comment in its notice in the Federal Register, November 7, 2008, Vol. 73, No. 217, at Pages 66173-66182. This proceeding is numbered RM 2000-7. See also, the CO's web page for this proceeding.

The agenda also includes discussion of cable statutory licensing regulatory issues.

The agenda also includes a discussion of several legislative and litigation issues, including the Section 119 reauthorization, public performance rights and terrestrial radio, and the proposed limitation on liability for infringement of certain works.

The agenda also includes discussion of the Cablevision DVR litigation. See, August 4, 2008, opinion [44 pages in PDF] of the U.S. Court of Appeals (2ndCir) in Cartoon Network v. CSC Holdings, which is also reported at 536 F.3d 121. See also, stories titled "2nd Circuit Reverses in Remote Storage DVR Copyright Case" in TLJ Daily E-Mail Alert No. 1,806, August 5, 2008, and "Copyright Alliance and Others File Amicus Briefs in Remote Storage DVR Case" in TLJ Daily E-Mail Alert No. 1,854, November 10, 2009.

The organizer of this meeting is the CO's Ben Golant.

The price to attend this CO meeting ranges from $25 to $150. $150 is the general admission price. It will take place at the offices of the law firm of Dow Lohnes, 1200 New Hampshire Ave., NW.

The CO and the Federal Communications Bar Association (FCBA) assert that this is an FCBA event titled "The Copyright Office Speaks".

The CO will also hold a series of three hearings in Washington DC on May 6, 7, and 8 to hear testimony in its DMCA rulemaking. Attendance at these hearings is free and open to the public.

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The House will meet at 10:30 AM for morning hour debate, and at 12:00 NOON for legislative business. See, Rep. Hoyer's schedule for week of May 4.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing titled "Federal Arbitration Act: Is the Credit Card Industry Using It To Quash Legal Claims?". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will consider Singhal v. Mentor Graphics, App. Ct. No. 2009-1057, on the briefs. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Anascape v. Microsoft and Nintendo, App. Ct. No. 2008-1500. This is an appeal from the U.S. District Court (EDTex), D.C. No. 9:06-cv-158, in a patent infringement case involving game controllers. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Stanford v. Roche Molecular, App. Ct. No. 2008-1509. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a brown bag lunch titled "Alleged Anticompetitive Wholesale and Retail Pricing After linkLine". The speakers will include Richard Brunell (American Antitrust Institute), Greg Sidak (Criterion Economics), and Susan DeSanti (Sonnenschein Nath & Rosenthal). See, the Supreme Court's February 25, 2009, opinion [24 pages in PDF] in Pacific Bell v. Linkline Communications, and stories titled "Supreme Court Reverses in Pacific Bell v. Linkline", "Supreme Court: There Is Robust Competition in the Broadband Market", and "Commentary: Impact of Pacific Bell v. LinkLine" in TLJ Daily E-Mail Alert No. 1,907, February 27, 2009. This event is free. However, the DC Bar Association has a history of excluding persons from its events. For more information, call 202-626-3462. See, notice. Location: Finkelstein Thompson, 1050 30th St., NW.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications and Privacy and Data Security Committees will host a brown bag lunch titled "Current Update on Addressing Privacy Issues Abroad: The Global Privacy Framework for Communications and Media Companies". The speakers will be Yael Weinman (FTC's Office of International Affairs), Damon Greer (Department of Commerce), Linda Cicco (British Telecom), Lynda Marshall (Hogan & Hartson), and Shane Tews (VeriSign). For more information, contact Linda Cicco at Linda dot cicco at bt dot com or Jennifer Ullman at Jennifer dot ullman at verizon dot com. Location: Covington & Burling, 11th Floor, Room 1139, 1201 Pennsylvania Ave., NW.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing on HR 2221 [LOC | WW], the "Data Accountability and Trust Act", and HR 1319 [LOC | WW], the "Informed P2P User Act". The witnesses will be Eileen Harrington (acting Director of the FTC's Bureau of Consumer Protection), David Sohn (Center for Democracy and Technology), Robert Holleyman (Business Software Alliance), Martin Lafferty (Distributed Computing Industry Association), Stuart Pratt (Consumer Data Industry Association), Marc Rotenberg (Electronic Privacy Information Center), Robert Boback (Tiversa, Inc.), and Thomas Sydnor (Progress & Freedom Foundation). Location: Room 2123, Rayburn Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Louis Kaplow (Harvard law school) on his paper titled "On the Meaning of Horizontal Agreements in Antitrust". To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: Bicentennial Building, 600 E St., NW.

Deadline to submit requests to make presentations at the May 12-14, 2009 meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, April 24, 2009, Vol. 74, No. 78, at Page 18737.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of May 4.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Department of Homeland Security". The witness will be Janet Napolitano, Secretary of Homeland Security. See, notice. The SJC will webcast this event. Location: Room 106, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Farrago v. Rawlings Sporting Goods, App. Ct. No. 2008-1554. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will consider Hildebrand v. Steck Manufacturing, App. Ct. No. 2008-1493, on the briefs. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Braintree Labs v. Schwartz Pharma, App. Ct. No. 2008-1556. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Pivonka v. Central Garden & Pet Co., App. Ct. No. 2008-1581. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in BioLumix v. Centrus, App. Ct. No. 2008-1589. Location: Courtroom 203, 717 Madison Place, NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in In Re Bose, App. Ct. No. 2008-1448. Location: Courtroom 201, 717 Madison Place, NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Amgen v. Ariad Pharmaceuticals, App. Ct. No. 2009-1023. Location: Courtroom 201, 717 Madison Place, NW.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "The Future of Journalism". Sen. John Kerry (D-MA) will preside. Location: Room 253, Russell Building.

Day one of a three day hearing of the Copyright Office (CO) in Washington DC regarding its triennial DMCA rulemaking proceeding on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, notice in the Federal Register, March 9, 2009, Vol. 74, No. 44, at Pages 10096-10097. See also, story titled "Copyright Office to Hold Hearings on DMCA Exemptions" in TLJ Daily E-Mail Alert No. 1,911, March 10, 2009. Location: Copyright Hearing Room (LM-408), James Madison Building, Library of Congress, 101 Independence Ave., SE.

The Computer and Communications Industry Association (CCIA) will host an event titled "Washington Caucus". See, notice. Location: Newseum, Knight Conference Center.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of May 4.

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, April 23, 2009, Vol. 74, No. 77, at Page 18576. Location: FCC, Room TW-C305, 445 12th St., SW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 417 [LOC | WW], the "States Secret Protection Act", and HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009". See, stories titled "Senate Judiciary Committee to Consider State Secrets Bill" and "9th Circuit Rules in State Secrets Case" in TLJ Daily E-Mail Alert No. 1,933, April 29, 2009. The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Laserfacturing v. Daimler Chrysler, App. Ct. No. 2009-1013. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Netcurrents Information Systems v. Dow Jones, App. Ct. No. 2009-1019. This is an appeal from the U.S. District Court (CDCal), D.C. No. 07-4027, in a patent infringement case involving fast internet real-time search technology (FIRST) for use in monitoring information on web pages, message boards, chat rooms, discussion groups, e-mail messages, and other communications over the internet. Location: Courtroom 402, 717 Madison Place, NW.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a discussion of the paper titled "The Rise and Fall of Fast Track Trade Authority". The speakers will be the authors, Lori Wallach and Todd Tucker. See, notice. Location: NAF, 4th Floor, 1899 L St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host an untitled seminar by Jonathan Levin (Stanford University). He is an economist who has written about competition, auctions, and information technology. He has authored papers titled "Winning Play in Spectrum Auctions" and "The Impact of Information Technology in Consumer Credit Markets". Location: FTC Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:30 PM. The Copyright Office (CO) will hold a meeting regarding its DMCA anti-circumvention exemptions rulemaking proceeding, its Section 115 compulsory license rulemaking proceeding, and other CO matters. Marybeth Peters (Register of Copyright), Steve Ruwe (Attorney Advisor, CO), Robert Kasunic (Principal Legal Advisor, CO), Ben Golant (Assistant General Counsel, CO), and Ted Hirakawa (Assistant Chief, Literary Division, Registration & Recordation, CO) will preside. The price to attend ranges from $25 to $150. The Federal Communications Bar Association (FCBA) asserts that this is an FCBA event, and titles it "The Copyright Office Speaks". Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

Day two of a three day hearing of the Copyright Office (CO) in Washington DC regarding its triennial DMCA rulemaking proceeding on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, notice in the Federal Register, March 9, 2009, Vol. 74, No. 44, at Pages 10096-10097. See also, story titled "Copyright Office to Hold Hearings on DMCA Exemptions" in TLJ Daily E-Mail Alert No. 1,911, March 10, 2009. Location: Copyright Hearing Room (LM-408), James Madison Building, Library of Congress, 101 Independence Ave., SE.

Rep. Hoyer's schedule for week of May 4 states that "no votes are expected in the House.

8:30 - 11:00 AM. The Technology Policy Institute (TPI) will host an event titled "ICANN at a Crossroads: Privatization, Reform, Both, or Neither?". See, registration page. For more information, contact Ashley Creel at 202-828-4405 or events at techpolicyinstitute dot org. Location: National Press Club, 13th Floor, 529 14th St. NW.

10:00 AM. The Senate Finance Committee (SFC) will hold hearing on the nomination of Neal Wolin to be Deputy Secretary of the Treasury. See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Wedgetail v. Huddleston Deluxe, App. Ct. No. 2009-1045. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Garber v. Chicago Mercantile Exchange, App. Ct. No. 2009-1047. Location: Courtroom 203, 717 Madison Place, NW.

Day three of a three day hearing of the Copyright Office (CO) in Washington DC regarding its triennial DMCA rulemaking proceeding on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works. See, notice in the Federal Register, March 9, 2009, Vol. 74, No. 44, at Pages 10096-10097. See also, story titled "Copyright Office to Hold Hearings on DMCA Exemptions" in TLJ Daily E-Mail Alert No. 1,911, March 10, 2009. Location: Copyright Hearing Room (LM-408), James Madison Building, Library of Congress, 101 Independence Ave., SE.

Deadline to submit replies to oppositions to the numerous petitions for reconsideration (PFRs) of the Federal Communications Commission's (FCC) white space order. This is the Second Report and Order Memorandum Opinion and Order [130 pages in PDF] in its proceeding titled "In the Matter of Unlicensed Operation in the TV Broadcast Bands" and numbered ET Docket No. 04-186), and its proceeding titled "Additional Spectrum for Unlicensed Devices below 900 MHz and in the 3 GHz Band", and numbered ET Docket No. 02-380. This order is FCC 08-260. The FCC adopted it on November 4, 2008, and released the text on November 14, 2008. See for example, PFR [144 pages in PDF] of the NCTA, PFR [10 pages in PDF] of Dell and Microsoft, PFR [46 pages in PDF] of Motorola, PFR [10 pages in PDF] of Sprint Nextel, Comptel, and the RTG, PFR [PDF] of Dish and Directv, PFR [PDF] of the Wireless Internet Service Providers Association, PFR [PDF] of the Wi-Fi Alliance, and PFR [28 pages in PDF] of the New America Foundation, Public Knowledge, Open Source Wireless Coalition, and others. See, story titled "FCC Adopts White Space Order" in TLJ Daily E-Mail Alert No. 1,852, November 4, 2009. See, notice in the Federal Register, April 13, 2009, Vol. 74, No. 69, at Page 16870.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Co-Chair Election & Brown Bag Lunch Planning Meeting". Send nominations to Tarah Grant at tsgrant at hhlaw dot com and Cathy Hilke at chilke at wileyrein dot com by Monday, May 4, 2009. Location: Wiley Rein, 1776 K St., NW.

8:00 AM - 6:00 PM. Day one of a three day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, April 24, 2009, Vol. 74, No. 78, at Page 18737. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

9:15 AM - 5:00 PM. Day one of a two day meeting of the Social Security Administration's (SSA) Future Systems Technology Advisory Panel (FSTAP). The FSTAP seeks public written or oral comments regarding the "SSA's systems in the area of Internet application". See, notice in the Federal Register, April 21, 2009, Vol. 74, No. 75, at Page 18273. Location: Westin Alexandria, 400 Courthouse Square, Alexandria, VA.

9:30 AM - 1:15 PM. The DC Bar Association will host an event titled "Essential Checklist for Electronic Discovery". The speakers will include John Facciola, (U.S. District Court), Conrad Jacoby (efficientEDD), and Courtney Barton (Crowell & Moring). The price to attend ranges from $89 to $129. See, notice. This event qualifies for continuing legal education credits. The DC Bar Association has a history of excluding persons from its events. For more information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Marius Schwartz (Georgetown University) and Yongmin Chen (University of Colorado at Boulder) on their paper titled "Product Innovation Incentives: Monopoly vs. Competition". To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: Bicentennial Building, 600 E St., NW.

EXTENDED FROM MAY 4. 5:00 PM. Extended deadline to submit reply comments to the Copyright Office (CO) and the U.S. Patent and Trademark Office (USPTO) in response to their notice of inquiry (NOI) regarding facilitating access to copyrighted works for blind or disabled people. See, notice in the Federal Register, March 26, 2009, Vol. 74, No. 57, at Pages 13268-13270, notice in the Federal Register, April 17, 2009, Vol. 74, No. 73, at Page 17884, and notice of extension in the Federal Register, Federal Register, April 27, 2009, Vol. 74, No. 79, at Page 19108.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host an event titled "The Future of Broadcast Spectrum -- Opportunities and Challenges". The first panel will be titled "Spectrum for all?". The speakers will be Bryan Tramont (Wilkinson Barker Knauer), David Donovan (Association for Maximum Service Television), Gigi Sohn (Public Knowledge), Dean Brenner (Qualcomm), and Mark Lipp (Wiley Rein). The second panel is titled "Is there a consumer demand for the proposed use of the spectrum?" The speakers will be Bryan Tramont, Lynn Claudy (NAB and Ion Media/Urban Television), and Wayne Leighton (Empiris). The price to attend ranges from $25 to $150. See, notice. Location: Wiley Rein, 1776 K St., NW.