| 
        
          | 
              
                | FRB and BEA Report on State of 
                Economy and Tech Sector |  
                | 2/25. Ben Bernanke, Chairman of the Federal Reserve Board (FRB), testified before 
the House Financial Services Committee 
(HFSC) on February 24, 2010, and before the Senate 
Banking Committee (SBC) on February 25, 2010. He presented the FRB's 
report [58 pages PDF] titled "Monetary Policy Report to the Congress". On February 26, 
2010, the Department of Commerce (DOC) released its
latest 
GDP data [13 pages in PDF]. The economy, and investment in IT equipment and software, 
are growing. The FRB report states that "After declining for a year and a half, economic 
activity in the United States turned up in the second half of 2009". It also states that "investment in equipment and software posted a sizable gain 
in the second half of last year, likely reflecting improved conditions in capital markets 
and brighter sales prospects." The DOC's Bureau of Economic Analysis (BEA) 
released its latest gross domestic product (GDP) data on Friday, February 26, 2010. The 
BEA stated in its release that "Real gross domestic product -- the output of goods 
and services produced by labor and property located in the United States -- increased 
at an annual rate of 5.9 percent in the fourth quarter of 2009". This is up from the 4th quarter advance estimate of 5.7% issued last month. The 
BEA also reported that real GDP grew at an annual rate of 2.2% in the 3rd quarter. The BEA's Table 1, titled "Real Gross Domestic Product and Related Measures: 
Percent Change From Preceding Period", shows that for the category of gross 
private domestic investment in "Equipment and Software", the annual growth 
rate in the 4th quarter of 2009 was 18.2%. (This table does not break down data for 
subcategories such as information technology equipment or software.) Also, total 
exports grew at the rate of 22.4%. The BEA's Table 3, titled "Gross Domestic Product and Related Measures: Level 
and Change From Preceding Period", shows that gross domestic private investment 
in software in the 4th quarter of 2009 was up 5.1% from the 3rd quarter, but still 
slightly lower than the 4th quarter of 2008. The BEA did not publish data for its 
category of investment in "computers and peripheral equipment" for 2009. However, for the entire category of investment in "information processing 
equipment and software", the 4th quarter total was up 6.1% from the previous 
quarter. The FRB report also states that "The unemployment rate rose further during the 
second half, reaching 10 percent by the end of the year -- its highest level since the 
early 1980s -- before dropping back in January. Although job losses have slowed, hiring 
remains weak, and the median duration of unemployment has lengthened significantly." |  |  
          |  |  
          | 
              
                | House Members Comment on Senate Patent 
Reform Legislation |  
                | 2/26. Rep. John Conyers (D-MI), 
Rep. Lamar Smith (R-TX), and 
Rep. Howard Berman (D-CA) issued a
joint 
statement regarding statements made by Sen. 
Patrick Leahy (D-VT) and Rep. Jeff Sessions 
(R-AL) on February 25, 2010, regarding the status of patent reform legislation. They stated that "We appreciate the Senate's most recent efforts to craft its 
compromise on patent reform legislation, but those efforts have thus far 
proceeded without adequate input from House members." They continued that "Now that we know the substance of the Senate's draft 
compromise, House members are in the process of reviewing the proposal in order 
to arrive at a bill a majority of both chambers can support. We look forward to 
negotiations with the Senate in the hope of achieving such a bill." Sen. Leahy, the Chairman of the Senate 
Judiciary Committee (SJC), stated at the SJC's executive business meeting on 
February 25, 2010, that "we can report that we have reached a tentative 
agreement in principle". See, story titled "Senators Announce Progress on Patent 
Reform Legislation" in TLJ Daily E-Mail Alert No. 2,051, February 25, 2010. Rep. Conyers is the Chairman of the House 
Judiciary Committee (HJC). Rep. Smith is the ranking Republican. Rep. Berman is a 
leader of the efforts in the House to reform patent law. Reps. Conyers, Smith and 
Berman are all sponsors of HR 1260 
[LOC 
| WW] 
the "Patent Reform Act of 2009". |  |  
          |  |  
          | 
              
                | OUSTR Removes Saudi Arabia from 
                Special 301 Watch List |  
                |  2/24. The Office of the U.S. Trade 
Representative (OUSTR) announced in a
release that it has completed its out of cycle Special 301 review of Saudi 
Arabia and determined to remove it from its Watch List.  Ron Kirk (at right), head of the OUSTR, stated in this release 
that "Saudi Arabia has made significant progress in improving protection for 
intellectual property rights during the past year".
  He added that "Over the last several years, Saudi Arabia has stepped up its 
enforcement actions, strengthened its legal framework, and demonstrated a 
commitment to fostering innovation and creativity. This is a credit to the hard 
work done by Saudi Arabia as well as to our close bilateral cooperation."  Special 301 pertains to identifying those countries that deny adequate and effective 
protection for intellectual property rights or deny fair and equitable market access for 
businesses that rely on intellectual property protection. The OUSTR is required to make 
these Special 301 determinations by Section 182 of the Trade Act of 1974, which is 
codified at 
19 
U.S.C. § 2242. |  |  
          |  |  
          | 
              
                | Camcorder Infringement in Movie 
                Theaters |  
                | 2/23. Keshawn Deron Wilson pled guilty in
U.S. District Court (MDFl) to two 
counts of unauthorized recording of motion pictures in a motion picture 
exhibition facility, in violation of
18 U.S.C. § 2319B, a criminal prohibition enacted in 2005. The Department of Justice (DOJ) stated in a 
release that "Wilson was 
arrested on Sept. 13, 2008, by Ocean Township, N.J., police officers, while he was in 
the process of recording Picturehouse Entertainment's then newly-released motion 
picture ``The Women´´ at the Middlebrook Galleria 10 Clearview Cinemas in Ocean, 
N.J. At the time he was arrested, officers seized a high definition video camera 
with a 30 gigabyte hard drive from Wilson. A subsequent search of the camera's 
hard drive revealed a copy of the then newly-released movie ``The Women´´ and a 
copy of Universal Studios' then newly-released movie ``Burn After Reading,´´ 
which Wilson admitted he recorded the previous day at the same theater." The plea agreement provides for forfeiture of one JVC camcorder, two tripods, one 
laptop computer, 104 CDs and DVDs, and "computer equipment and peripherals" 
seized by the FBI. The statute provides a maximum sentence of three years per count. The Congress enacted 
S 167 (109th Congress), the "Family Entertainment and Copyright Act" 
(FECA) in 2005 to address camcorder copying in movie theaters. It is now Public Law No. 
109-9. It added Section 2319B, regarding "Unauthorized recording of Motion pictures in a 
Motion picture exhibition facility", to the Criminal Code. For legislative history, see 
story titled "Senate Approves Copyright Bill" in
TLJ Daily E-Mail 
Alert No. 1,069, February 3, 2005, and story titled "House Approves 
Copyright Bill" in 
TLJ Daily E-Mail Alert No. 1,119, April 20, 2005. President Bush signed the 
bill into law on April 27, 2005. It is now Public Law No. 109-9.  It provides that "Any person who, without the 
authorization of the copyright owner, knowingly uses or attempts to use an 
audiovisual recording device to transmit or make a copy of a motion picture or 
other audiovisual work protected under title 17, or any part thereof, from a 
performance of such work in a motion picture exhibition facility, shall ...
be imprisoned for not more than 3 years." It adds that "The possession by a person of an 
audiovisual recording device in a motion picture exhibition facility may be 
considered as evidence in any proceeding to determine whether that person 
committed an offense under this subsection, but shall not, by itself, be 
sufficient to support a conviction of that person for such offense." TLJ spoke with Mike Robinson, SVP for Content Protection and Chief of Operations, 
at the Motion Picture Association of America (MPAA). 
He said that the camcorder provision in the FECA "has been every effective". 
He added that "similar state statutes" have also been enacted. Robinson said that there are now about 10 to 12 arrests per year of professionals 
using camcorders in theaters, "and it is getting fewer all the time". He also said that these cases are not kids with cell phones recording a few 
minutes, but rather "true hard core professionals who are in it for the money". 
He continued that their camcorder copies are used to make illegal DVD copies, 
that copies also eventually end up on the internet, and that this causes great 
damage to the movie industry. He also noted that he believes that Wilson had been responsible for more 
activity before his arrest. |  |  
          |  |  
          | 
              
                | More Tech Crimes |  
                | 2/26. The Department of Commerce's (DOC) Bureau 
of Industry and Security (BIS) published a 
notice in the Federal 
Register that announces that it has denied export privileges to Afshin Rezaei for ten 
years. The notice states that Rezaei exported laptop computers to Iran without 
having obtained the required authorization from the Department of the Treasury". 
See, Federal Register, February 26, 2010, Vol. 75, No. 38, at Pages 8917-8918. 2/25. Robert Cimino pled guilty in U.S. 
District Court (EDVa) to selling infringing copies of business, engineering and 
graphic design software programs, including Adobe, Autodesk, Intuit and Quark programs. 
The Department of Justice stated in a
release 
that he burned these infringing copies of copyrighted programs onto CDs 
and DVDs. He advertised on the internet, typically received payment via PayPal, 
and then mailed the copies to his customers. |  |  
          |  |  
          | 
              
                | People and 
                Appointments |  
                | 2/25. The Senate Judiciary Committee 
(SJC) held an executive business meeting. It held over consideration of the 
nomination of Dawn Johnsen to be Assistant Attorney General in charge of 
the Office of Legal Counsel 
(OLC). The SJC also held over consideration of Lucy Koh to be a Judge of the 
U.S. District Court for the Northern District 
of California. See, story titled "Obama Picks Lucy Koh to Replace Ron Whyte 
on District Court" in TLJ Daily E-Mail Alert No. 2,038, January 25, 2010. The SJC 
also held over Gloria Navarro (USDC/DNev), Audrey Fleissig (USDC/EDMO), 
Jon Deguilio (USDC/NDInd), Tanya Pratt (USDC/SDInd), and Jane 
Stinson (USDC/SDInd). All of these nominees are on the agenda for the next meeting, 
on Thursday, March 4, 2010. Sen. Patrick Leahy 
(D-VT) stated that he expects the SJC to vote on Johnsen on March 4. |  |  
          |  |  
          | 
              
                | More 
                News |  
                |  2/25. Gary Locke (at right), Secretary of Commerce, gave a
speech in Washington DC in which he discussed "regional innovation 
clusters". He said that "when you get businesses, government, academia and 
non-profits situated in one place pulling towards similar goals ... good things 
happen". He said that "Silicon Valley, the Route 128 corridor in Boston and 
Research Park in North Carolina" are examples. He said little about how to 
create these clusters. Although, he said that encouraging these clusters must be 
"a national priority". He added that President Obama's FY 2011 budget proposal 
contains $75 Million for the Department of Commerce's (DOC)
Economic Development Administration (EDA) to 
"implement a federal clusters strategy". He also said that the "federal 
government can shine a spotlight on the importance of clusters".
  2/25. Scott Hammond, Deputy Assistant Attorney General for Criminal 
Enforcement in the Department of Justice's (DOJ) 
Antitrust Division, gave a
speech in 
Miami, Florida, titled "The Evolution of Criminal Antitrust Enforcement Over 
the Last Two Decades", in which he discussed the DOJ's Corporate Leniency 
Program, sanctions on cartel participants, individual criminal liability, 
investigative tools, and cooperation among antitrust regulators.  2/24. The Securities and Exchange Commission 
(SEC) adopted a statement 
[71 pages in PDF] regarding convergence of the accounting standards contained in the 
U.S. Generally Accepted Accounting Principles (GAAP) and the International 
Financial Reporting Standards (IFRS). See also, SEC
release. The SEC 
also announced that it will hold a public seminar on March 23, 2010, on using 
eXtensible Business Reporting Language (XBRL) tags associated with GAAP. Use 
of XBRL makes data contained reports filed with the SEC interactive -- that is, 
capable of being searched and analyzed by software. |  |  
          |  |  
          | 
              
                | 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 
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     free subscriptions are available for journalists, federal 
     elected officials, and employees of the Congress, courts, and 
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     CarneyContact: 202-364-8882.
 carney at techlawjournal dot com
 P.O. Box 4851, Washington DC, 20008.
 Privacy
     PolicyNotices
     & Disclaimers
 Copyright 1998-2010 David Carney. All rights reserved.
 |  |  |  | 
        
          | 
              
                | In This 
                Issue |  
                | This issue contains the following items: • FRB and BEA Report on State of Economy and Tech Sector
 • House Members Comment on Senate Patent Reform Legislation
 • OUSTR Removes Saudi Arabia from Special 301 Watch List
 • Camcorder Infringement in Movie Theaters
 • More Tech Crimes
 • People and Appointments
 • More News
 |  |  
          |  |  
          | 
              
                | Washington Tech 
                Calendar New items are highlighted in 
                red.
 |  |  
          |  |  
          | 
              
                | Monday, March 1 |  
                | The House will not meet. See, Rep. Hoyer's
  
  schedule for week of March 1. The Senate will meet at 2:00 PM. It 
  will begin consideration of HR 4213 
  [LOC | 
  WW], the 
  "Tax Extenders Act of 2009". Section 111 of this bill would amend
  
  26 U.S.C. § 41, to extend for one year (through December 31, 2010), the research 
  and development tax credit. The House passed this bill on December 9, 2009. 10:00 AM. The U.S. Court 
  of Appeals (FedCir) will hear oral argument in Dow Jones & Company v. 
  Ablaise Ltd., App. Ct. No. 2009-1524, an appeal from the
  U.S. District Court (DC) in a 
  patent infringement case regarding web page personalization. Location: 
  Courtroom 201, 717 Madison Place, NW. 10:00 AM. The U.S. Court of 
  Appeals (FedCir) will hear oral argument in Golden Hour Data 
  Systems, Inc. v. emsCharts, Inc., App. Ct. No. 2009-1306, an appeal 
  from the U.S. District Court (EDTex) 
  in a patent infringement case. Location: Courtroom 402, 717 Madison Place, NW. Deadline to submit comments to the Federal Trade 
  Commission (FTC) regarding self-regulatory guidelines submitted by 
  i-safe under the safe harbor provision of the 
  Children's Online Privacy Protection rule. See, i-safe's 
  application [22 pages 
  in PDF], proposed 
  guideline requirements [30 pages in PDF], and
  chart [10 pages 
  in PDF] comparing sections of the rule to the proposed guidelines. See also, FTC
  release and 
  notice [6 pages in 
  PDF]. See, story titled "FTC Seeks Comments on Proposed COPPA Safe Harbor" 
  in TLJ Daily E-Mail Alert No. 2,033, January 6, 2010. Deadline to submit initial comments to the Federal Communications 
  Commission (FCC) in response to its Second Further Notice of Proposed 
  Rulemaking (2ndFNPRM) regarding the Emergency Alert System (EAS) The 
  FCC adopted this item on January 12, 2010, and released the
  text 
  [23 pages in PDF] on January 14. It is FCC 10-11 in EB Docket No. 04-296. See, 
  notice in the Federal 
  Register, January 29, 2010, Vol. 75, No. 19, at Pages 4760-4768. |  |  
          |  |  
          | 
              
                | Tuesday, March 2 |  
                | The House will meet at 12:30 PM for 
  morning hour, and at 2:00 PM for legislative business. It will consider numerous 
  non-technology related items under suspension of the rules. Votes will be 
  postponed until 6:30 PM. See, Rep. Hoyer's
  
  schedule for week of March 1. 9:00 - 10:30 AM. The Information 
  Technology and Innovation Foundation (ITIF) will host a panel discussion titled 
  "Going Mobile: Technology and Policy Issues in the Mobile Internet". 
  The speakers will be Robert Atkinson (ITIF), Richard Bennett (ITIF), Harold Feld 
  (Public Knowledge), Morgan Reed 
  (Association for Competitive Technology), and 
  Barbara Esbin (Progress & 
  Freedom Foundation).  See, notice. This 
  event is free and open to the public. The ITIF will webcast this event. Location: ITIF, 
  Suite 610A, 1101 K St., NW. 10:00 AM. The Senate 
  Judiciary Committee's (SJC) Subcommittee on Human Rights and the 
  Law will hold a hearing titled "Global Internet Freedom and the Rule of 
  Law, Part II". The witnesses will be Michael 
  Posner (Department of State), Daniel Weitzner (National Telecommunications and 
  Information Administration), Nicole Wong (VP and Deputy General Counsel of 
  Google), Louis Riley (VP and Assistant General Counsel of McAfee), Rebecca 
  MacKinnon (Princeton University), and Omid Memarian (Iranian blogger). See,
  notice. 
  The SJC will webcast this event. Location: Room 226, Dirksen Building. 10:00 AM. The U.S. Court of 
  Appeals (FedCir) will hear oral argument in iLight Technologies, 
  Inc. v. Fallon Luminous Corp., App. Ct. No. 2009-1342, an appeal from 
  the U.S. District Court (MDTenn) in a patent infringement case involving LED 
  lighting technology. Location: Courtroom 201, 717 Madison Place, NW. 10:30 - 11:30 AM. The Federal Communications Commission (FCC), 
  American Library Association (ALA), and Social Science 
  Research Council (SSRC) will hold an event to release an FCC commissioned SSRC 
  report titled "Broadband Adoption in Low-Income Communities". The 
  speakers will be John Horrigan (FCC), Mark Lloyd (FCC), Dharma Dailey (SSRC), 
  Amelia Bryne (SSRC), and Emily Sheketoff (ALA). See,
  
  notice. Location: Room 2261, Rayburn Building. RESCHEDULED FROM FEBRUARY 10. 11:00 AM - 12:00 NOON. The 
  Federal Communications Commission's (FCC) Advisory Committee for the 2012 World 
  Radiocommunication Conference will meet. See, 
  notice in the Federal 
  Register, January 14, 2010, Vol. 75, No. 9, at Page 2141.  See also, FCC
  notice of postponement, FCC
  notice 
  of rescheduling, and
  notice of 
  rescheduling in the Federal Register, February 19, 2010, Vol. 75, No. 33, at 
  Page 7480. Location: FCC, Commission Meeting Room, 445 12th St., SW. 12:00 NOON - 1:30 PM. The
  American Bar Association's (ABA) Section of 
  Antitrust Law will host a panel discussion by teleconference titled "Basics of 
  Copyright, Trade Secrets and Trademarks". The speakers will by Gary Weiss 
  (Orrick Herrington & Sutcliffe), Randi Singer, Weil, Gotshal, & Manges), Pierre 
  Davis (McGraw-Hill Companies), Arman Oruc (Simpson Thacher & Bartlett), and Andrea 
  D'Ambra (Drinker Biddle & Reath). The event is free, but registration is required. 
  See, notice. |  |  
          |  |  
          | 
              
                | Wednesday, March 3 |  
                | The House will meet at 10:00 AM for 
  legislative business. It will consider non-technology related items. See, Rep. Hoyer's
  
  schedule for week of March 1. 10:00 AM. The 
  Senate Finance Committee (SFC) will hold a hearing titled "The 2010 
  Trade Agenda". The witness will be Ron Kirk, head of the
  Office of the U.S. Trade Representative (OUSTR). 
  See, notice. 
  Location: Room 215, Dirksen Building. 10:00 AM. The House Judiciary 
  Committee (HJC) will hold a hearing titled "Domestic and International 
  Trademark Implications of HAVANA CLUB and Section 211 of the Omnibus Appropriations 
  Act of 1999". See,
  notice. 
  Location: Room 2141, Rayburn Building. 2:00 PM. The House Homeland 
  Security Committee (HHSC) will hold a hearing titled "The Department of 
  Homeland Security’s Science and Technology Directorate". The witness will 
  be Tara O'Toole, the DHS's Under Secretary for Science and Technology. The HHSC will 
  webcast this event. See, notice. 
  Location: Room 311, Cannon Building. 2:00 PM. The U.S. Court of Appeals 
  (FedCir) will hear oral argument en banc in Princo Corp. v. USITC, 
  App. Ct. No. 2007-1386, a case regarding importation of compact discs. See, 
  April 20, 2009, 
  panel opinion [pages in PDF] of the Court of Appeals. Location: Courtroom 
  201, 717 Madison Place, NW. The Office of the U.S. Trade 
  Representative (OUSTR) will hold a hearing to assist it in making 
  determinations that identify countries that deny adequate and effective protection 
  of intellectual property rights (IPR) or deny fair and equitable market access to 
  U.S. persons who rely on intellectual property protection. The OUSTR is required to 
  make these Special 301 determinations by Section 182 of the Trade Act of 1974, 
  which is codified at 19 U.S.C. § 2242. See,
  notice in the 
  Federal Register, January 15, 2010, Vol. 75, No. 10, at Pages 2578-2580. 
  Location: U.S. International Trade Commission, 500 E St., SW. 11:00 AM - 6:00 PM. The 
  Association of American Publishers (AAP) will hold an event titled "AAP 
  General Annual Meeting". There will be a panel discussion titled "The 
  Future of Copyright". The speakers will include
  Marybeth Peters 
  (Register of Copyright), Mark Helprin (author of the
  
  book [Amazon] titled "Digital Barbarism: A Writer's Manifesto"), and
  Pamela Samuelson (UC 
  Berkeley). There will also be a panel titled 
  "Navigating Changes in Business Models in the Emerging Digital World". See,
  
  agenda. Location: Hyatt Regency on Capitol Hill, Columbia Room A & B, 400 
  New Jersey Ave., NW. |  |  
          |  |  
          | 
              
                | Thursday, March 4 |  
                | The House will meet at 10:00 AM for 
  legislative business. It will consider non-technology related items. See, Rep. Hoyer's
  
  schedule for week of March 1. 9:00 AM - 2:00 PM. The 
  National Telecommunications and Information Administration's (NTIA) Commerce 
  Spectrum Management Advisory Committee will meet. See,
  notice in the Federal 
  Register, February 18, 2010, Vol. 75, No. 32, at Page 7234. Location: Department of 
  Commerce, Room 4830, 1401 Constitution Ave., NW. 10:00 AM. The House 
  Commerce Committee's (HCC) Subcommittee on Communications, Technology and the 
  Internet will hold a hearing titled "'Hearing On “Oversight Of The American 
  Recovery And Reinvestment Act: Broadband, Part 3". See,
  
  notice. Location: Room 2123, Rayburn Building. 10:00 AM. The
  House Appropriations Committee's 
  (HAC) Subcommittee on Homeland Security will hold a hearing titled "DHS 
  Intelligence Programs and the Effectiveness of State and local Fusion Centers". 
  Location: Room 2358A, Rayburn Building. 10:00 AM - 12:00 NOON. The
  House Science Committee (HSC) will 
  hold a hearing titled "Reform in K-12 STEM Education". The HSC will 
  webcast this event. Location: Room 2318, Rayburn Building. 10:00 AM. The Senate 
  Judiciary Committee (SJC) will hold an executive business meeting. The agenda again 
  lists consideration of the nomination of Dawn Johnsen to be Assistant Attorney 
  General in charge of the Office of Legal Counsel 
  (OLC). The agenda also includes consideration of Lucy Koh to be a Judge of the 
  U.S. District Court for the Northern District 
  of California. See, story titled "Obama Picks Lucy Koh to Replace Ron Whyte 
  on District Court" in TLJ Daily E-Mail Alert No. 2,038, January 25, 2010. The 
  agenda also includes consideration of several other judicial nominees: Gloria Navarro 
  (USDC/DNev), Audrey Fleissig (USDC/EDMO), Jon Deguilio (USDC/NDInd), Tanya Pratt 
  (USDC/SDInd), and Jane Stinson (USDC/SDInd). The SJC rarely follows its published 
  agendas. The SJC will webcast this event. See,
  notice. 
  Location: Room 226, Dirksen Building. 10:00 AM. The
  Senate Appropriations Committee 
  (SAC) will hold a hearing titled "Funding and Oversight for the Department 
  of Commerce". The witnesses will include Gary Locke (Secretary of 
  Commerce) and Todd Zinser (Inspector General). Location: Room 192, Dirksen 
  Building. 10:00 AM. The U.S. Court of 
  Appeals (FedCir) will hear oral argument in Siemans AG v. Seagate 
  Technology, App. Ct. No. 2009-1382, an appeal from the
  U.S. District Court (CDCal) in a 
  patent infringement case involving technology for reading data on hard disk 
  drives. Location: Courtroom 402, 717 Madison Place, NW. 10:00 AM. The U.S. Court of 
  Appeals (FedCir) will hear oral argument in Lincoln National Life 
  Insurance Company v. Transamerica Life Insurance Company, App. Ct. No. 
  2009-1403, a patent infringement case regarding a computer based method for 
  providing retirement benefits. Location: Courtroom 201, 717 Madison 
  Place, NW. 12:00 NOON - 2:00 PM. The DC Bar 
  Association will host a panel discussion titled "Cloud Computing: A Truly 
  New Service or Just a New Trendy Name?". The speakers will be Bruce Andrews 
  (General Counsel, Senate Commerce Committee), Jeffery Goldthorp (FCC), Debra Diener (IRS), 
  Lew Oleinick (Defense Logistics Agency), John Nagengast (AT&T), Stephen Schmidt 
  (Amazon Web Services), and Carolyn Brandon (Georgetown University business school). The 
  price to attend ranges from free to $30. Most DC Bar events are not open to the public. See,
  notice. 
  For more information, call 202-626-3463. Location: DC Bar Conference Center, 
  1101 K St., NW. 2:00 PM. The
  House Appropriations Committee's 
  (HAC) Subcommittee on Commerce, Justice, State and Related Agencies will hold 
  a hearing titled "FY2011 Budget for the Department of Commerce". The 
  HAC will webcast this event. Location: Room 2359, Rayburn Building. 2:30 PM. The Federal Trade 
  Commission's (FTC) Bureau of 
  Economics (BOE) will host a seminar presented by 
  Scott Hemphill (Columbia 
  University law school) and Bhaven Sampat (Columbia). Hemphill has published papers on 
  antitrust, drug patent settlements), and network neutrality. For more information, 
  contact Loren Smith lsmith2 at ftc dot gov or Tammy John tjohn at ftc dot gov. Location: 
  FTC, Conference Center, 601 New Jersey Ave., NW. 6:00 - 8:00 PM. The Federal 
  Communications Bar Association (FCBA) Wireline Committee will host an event titled 
  "Special Access: Historical Perspective and Current Issues". The price 
  to attend ranges from $95 to $150. This event qualifies for continuing legal education 
  credits. Registrations and cancellations are due by 5:00 PM on March 2. 
  Location: 6th floor, Sidley Austin, 1501 K 
  St., NW. 10:30 AM - 5:00 PM. The Federal Communications Commission (FCC) will 
  host a workshop titled "Serving the Public Interest in the Digital Era". The 
  topics on the agenda include the public interest requirements for commercial media and 
  telecommunications companies, local commercial broadcast TV and radio news and 
  information, and "impact of media convergence and the emergence of the Internet, 
  mobile technologies, and digital media on FCC media policy". See,
  
  notice. Location: FCC, Commission Meeting Room. Deadline to submit to the Federal Communications 
  Commission (FCC) statements in support of or in opposition to the
  petition 
  for rulemaking [22 pages in PDF] submitted by the
  California Public Utilities Commission 
  (CPUC) regarding direct access to the FCC's Network Outage Reporting System 
  (NORS). See, notice 
  in the Federal Register, February 9, 2010, Vol. 75, No. 26, at Pages 
  6339-6340. This proceeding is RM-11588 and ET Docket No. 04-35. |  |  
          |  |  
          | 
              
                | Friday, March 5 |  
                | Rep. Hoyer's
  
  schedule for week of March 1 states that "no votes are expected in the 
  House". 10:00 AM. The U.S. Court of 
  Appeals (FedCir) will hear oral argument in WNS Holdings, LLC v. United 
  Parcel Service Service, Inc., App. Ct. No. 2009-1498, an appeal from the U.S. 
  District Court (WDWisc). Location: Courtroom 203, 717 Madison Place, NW. 10:00 AM. The U.S. Court of 
  Appeals (FedCir) will hear oral argument in ClearPlay, Inc. v. Nissim 
  Corp., App. Ct. No. 2009-1471. Location: Courtroom 201, 717 Madison 
  Place, NW. 10:00 AM. The U.S. Court 
  of Appeals (FedCir) will hear oral argument in Fenner Investments Ltd. 
  v. Microsoft Corp., App. Ct. No. 2009-1496, an appeal from the U.S. 
  District Court (EDTex) in a patent infringement case involving joystick 
  technology. Location: Courtroom 402, 717 Madison Place, NW. Deadline to submit reply comments to the Federal 
  Communications Commission (FCC) in response to its 
  Notice of 
  Proposed Rulemaking (NPRM) [107 pages in PDF] that proposes to regulate the network 
  management practices of broadband internet access service providers. The FCC titles 
  this proceeding "In the Matter of Preserving the Open Internet Broadband Industry 
  Practices". This NPRM is FCC 09-93 in GN Docket No. 09-191 and WC Docket No. 07-52. 
  See, notice in the 
  Federal Register, November 30, 2009, Vol. 74, No. 228, at Pages 62637-62662. See also, 
  stories titled "FCC Adopts Internet Regulation NPRM", "Text of 
  Proposed Internet Regulation Rules", "Statutory Authority and Ancillary 
  Jurisdiction", "More Praise for the FCC's NPRM", "More Criticism of 
  the FCC's NPRM", and "Sen. McCain Introduces Bill to Block FCC Regulation of 
  Internet or IP-Enabled Services" in 
  TLJ Daily E-Mail Alert No. 
  2,008, October 23, 2009. Deadline to submit reply comments to the Federal 
  Communications Commission (FCC) in response to its Notice of Proposed Rulemaking 
  (NPRM) regarding its e-rate program, and the "Protecting Children in the 21st 
  Century Act". See, 
  notice in the Federal Register, January 19, 2010, Vol. 75, No. 11, at Pages 
  2836-2843, and story titled "FCC Adopts E-Rate NPRM" in
  TLJ Daily E-Mail Alert 
  No. 2,011, November 9, 2009. The FCC adopted this NPRM on November 4, 2009, and 
  released the
  text 
  on November 5, 2009. It is FCC 09-96 in CC Docket No. 02-6. |  |  
          |  |  
          | 
              
                | Monday, March 8 |  
                | 8:00 AM - 5:15 PM. Day one of a two day event hosted by the 
  Department of Health and Human Services titled 
  "Workshop on the HIPAA Privacy Rule's De-Identification Standard". 
  See, notice in 
  the Federal Register, February 24, 2010, Vol. 75, No. 36, at Pages 8363-8364. 
  Location: Washington Marriott at Metro Center, 775 12th St., NW. 8:30 AM - 5:30 PM. Day one of a two day meeting of 
  the National Science Foundation's (NSF) 
  Committee on Equal Opportunities in Science and Engineering (CEOSE). See,
  notice in the 
  Federal Register, February 5, 2010, Vol. 75, No. 24, at Page 6063. Location: 
  NSF, 4201 Wilson Boulevard, Arlington, VA. 12:15 - 1:30 PM. The Federal Communications 
  Commission (FCC) will hold a brown bag lunch titled "Meet the FCC's 
  Technologists". The speakers will be Julius Knapp (Chief of the FCC's 
  Office of Engineering and Technology), Jon Peha (Chief Technologist in the FCC's 
  Office of Strategic Planning), and Stagg Newman (Chief Technologist on the FCC's 
  National Broadband Task Force). The Federal 
  Communications Bar Association (FCBA) states that this is an FCBA event.
  For more information, contact Tami Smith at tesmith at sidley dot com. Location: 
  Sidley Austin, 1501 K St., NW. 6:00 - 8:15 PM. The DC Bar 
  Association will host a program titled "Fraud in Trademark Cases: Impact of the 
  Federal Circuit's New Standard". The speakers will be
  Cheryl Black 
  (Goodman Allen & Filetti),
  Michael Clayton 
  (Morgan Lewis & Bockius), and Gerard Rogers (USPTO's
  Trademark Trial & Appeal 
  Board). The price to attend ranges from $89 to $129. This event qualifies for 
  continuing legal education (CLE) credits. Most DC Bar events are not open to the 
  public. See,
  notice. 
  For more information, call 202-626-3488. Location: DC Bar Conference Center, 
  1101 K St., NW. 1:15 - 6:15 PM. Day one of a two day event hosted by the 
  DC Bar Association titled "2010 
  Judicial and Bar Conference: Survival Strategies for Modern Legal Times". 
  See, conference web site. 
  Location: Ronald Reagan Building, 1300 Pennsylvania Ave., NW. EXTENDED FROM FEBRUARY 8. Extended deadline to submit comments to the
  U.S. Patent and Trademark Office (USPTO) 
  regarding "methods that may be employed by applicants and the USPTO to enhance 
  the quality of issued patents, to identify appropriate indicia of quality, and 
  to establish metrics for the measurement of the indicia". See,
  notice of 
  extension in the Federal Register, February 1, 2010, Vol. 75, No. 20, at Pages 
  5040-5041. |  |  |