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."
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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".
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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.
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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.
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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.
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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.
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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.
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About Tech Law
Journal |
Tech Law Journal publishes a free access web site and
a subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year for a single
recipient. There are discounts for subscribers with multiple
recipients.
Free one month trial subscriptions are available. Also,
free subscriptions are available for journalists, federal
elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is free access. However,
copies of the TLJ Daily E-Mail Alert are not published in the
web site until two months after writing.
For information about subscriptions, see
subscription information page.
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 1998-2010 David Carney. All rights reserved.
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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
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Washington Tech
Calendar
New items are highlighted in
red. |
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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.
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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.
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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.
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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.
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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.
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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.
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