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January 20, 2013, Alert No. 2,512.
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Georgia Tech Paper Examines Use of Technology Standards in the People's Republic of China

1/17. The US China Economic and Security Review Commission (USCESRC) released a paper [55 pages in PDF] titled "The Rise of China in Technology Standards: New Norms in Old Institutions". The authors are Dan Breznitz and Michael Murphree, who work at the Georgia Institute of Technology in Atlanta, Georgia.

They wrote in this paper that "protectionism is not the major focus of Chinese standards development efforts" and "it is not the main challenge China poses for American firms".

This paper finds that "Unique Chinese standards have also generally been market failures. None have gained significant market support outside of China and most have limited success even within China." But, "Development of low cost and potentially competitive standards for similar or identical technology niches pushes foreign standards alliances to lower royalty rates. This has been a great boon to Chinese companies."

They also argued that "The government has pushed for unique standards and so won concessions from foreign IP holders on royalty rates for Chinese firms. As Chinese firms develop their own proprietary intellectual property, they have begun pursuing means of incorporating it into standards. However, rather than seek maximum returns from monetization of their IP through licensing, Chinese firms seek to establish a new norm of low-priced intellectual property."

Microsoft Addresses Inconsistent Policies of FTC and DOJ on SEPs

1/8. Microsoft Deputy General Counsel Dave Heiner wrote a piece titled "DOJ Patent Policy Means FTC Should Think Again about Google Patent Order".

It is understandable that Microsoft would have liked antitrust regulators to take a firmer line with Google on abusive assertion of standards essential patents (SEPs) subject to fair, reasonable and nondiscriminatory (FRAND) commitments. However, realistically, the Federal Trade Commission (FTC) is not going to re-examine its recently announced Google determinations in the foreseeable future.

Nevertheless, Heiner in effect makes the argument that there is now a divergence of antitrust policy with respect to SEPs between the two US antitrust regulators, the FTC and Department of Justice (DOJ).

Heiner argues that the DOJ policy is better. But, aside from which agency has the better policy, if the argument that Heiner advances is correct, there are now two inconsistent sets of rules regarding SEPs, and whether a company has violated the law may depend upon which agency conducts the investigation.

On January 3, 2013, the FTC filed and simultaneously settled an administrative complaint against Google regarding its abuse of SEPs for which it was bound by FRAND commitments. An accompanying order imposes some limitations on its ability to abuse these SEPs. However, it left Google free to assert SEPs subject to FRAND commitments in some situations.

Microsoft had lobbied for more aggressive action by the FTC in this investigation, as well as in its search bias investigation. See, story titled "FTC Concludes Its Investigation of Google" in TLJ Daily E-Mail Alert No. 2,504, January 7, 2012.

Almost immediately after the FTC announced its determinations, the DOJ Antitrust Division and the U.S. Patent and Trademark Office (USPTO), on January 8, 2013, released a document [10 pages in PDF] titled "Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments".

This policy statement addresses "whether injunctive relief in judicial proceedings or exclusion orders in investigations under section 337 of the Tariff Act of 1930 are properly issued when a patent holder seeking such a remedy asserts standards-essential patents that are encumbered by a RAND or FRAND licensing commitment." (Footnotes omitted.)

This policy statement argues that an exclusion order or injunction for a FRAND encumbered SEP may be inconsistent with the public interest. However, there are exceptions. For example, an exclusion order or injunction may be appropriate where the putative licensee has refused to take a FRAND license.

See, story titled "DOJ and USPTO Issue Statement on Injunctive Relief for Infringement of SEPs Subject to FRAND Commitments" in TLJ Daily E-Mail Alert No. 2,506, January 9, 2012.

Heiner wrote that the DOJ has concluded that "holders of standard essential patents should not be permitted to seek product injunctions against firms that are willing to take a reasonable license", but that the FTC's settlement with Google "does not live up to the approach outlined by the DOJ".

He added that "This is important because the FTC has suggested that its Google order may serve as a template for the resolution of other cases over time."

He elaborated that "The FTC's order grants Google leeway to seek to block shipments of other firms’ products under circumstances not contemplated by the DOJ/PTO statement. Rather than establish a clear rule that holders of standard essential patents should not seek an injunction against any willing licensee, the FTC’s order allows such lawsuits. In particular, the FTC’s order says (in Section IV.F) that Google may abandon its promise to make its standard essential patents available on reasonable terms with regard to any firm that has tried to obtain an injunction against any product made by Google on the basis of that firm’s standard essential patents. Google can seek a product injunction even if the other firm is willing to take a license to Google’s patents on reasonable terms."

Federal Circuit Rules on Domestic Industry Requirement of Section 337

1/10. The U.S. Court of Appeals (FedCir) issued its per curiam en banc order denying rehearing, and rehearing en banc, in Interdigital Communications v. ITC, a Section 337 case involving wireless cellular phones.

The Court of Appeals also issued a second divided opinion that addressed at length the domestic industry requirement of Section 337. The majority held that the domestic industry requirement does not require domestic manufacture, and that mere licensing may suffice. Judge Newman dissented.

InterDigital filed a complaint with the U.S. International Trade Commission (USITC) alleging that Nokia violated 19 U.S.C. § 1337 by importing into the US phones that infringe its U.S. Patent Nos. 7,190,966 and 7,286,847, both of which are titled "Method and Apparatus for Performing an Access Procedure". InterDigital sought an exclusion order blocking imports of certain Nokia phones.

The USITC found the patents were not infringed. InterDigital appealed to the Court of Appeals. The three judge panel issued its divided opinion [35 pages in PDF] on August 1, 2012. It held that the USITC erred in construing certain critical claim terms in both patents, reversed the USITC's order finding no infringement, and remanded. That opinion focused on the issue of infringement.

Only four pages of that opinion addressed the domestic industry requirement. The Court of Appeals held that InterDigital satisfied the domestic industry requirement. It held that patent licensing alone can constitute a domestic industry.

Nokia petitioned for rehearing, which was denied on January 10, 2013. The three judge panel also issued another opinion [49 pages in PDF] on January 10. This opinion focuses on Nokia's domestic industry argument.

Subsection 1337(a)(1) provides that it is unlawful, among other things, to import into the US articles that infringe a valid and enforceable U.S. patent.

But then, subsection 1337(a)(2) provides that this exclusion applies "only if an industry in the United States, relating to the articles protected by the patent, copyright, trademark, mask work, or design concerned, exists or is in the process of being established."

Also, subsection 1337(a)(3) provides that "an industry in the United States shall be considered to exist if there is in the United States, with respect to the articles protected by the patent, copyright, trademark, mask work, or design concerned--
  (A) significant investment in plant and equipment;
  (B) significant employment of labor or capital; or
  (C) substantial investment in its exploitation, including engineering, research and development, or licensing."

Nokia argued that InterDigital's patent licensing activities do not satisfy the domestic industry requirement, emphasizing the phrases "with respect to the articles protected by the patent".

The Court of Appeals held that "section 337 makes relief available to a party that has a substantial investment in exploitation of a patent through either engineering, research and development, or licensing. It is not necessary that the party manufacture the product that is protected by the patent, and it is not necessary that any other domestic party manufacture the protected article." (Emphasis added.)

The Court of Appeals continued that "As long as the patent covers the article that is the subject of the exclusion proceeding, and as long as the party seeking relief can show that it has a sufficiently substantial investment in the exploitation of the intellectual property to satisfy the domestic industry requirement of the statute, that party is entitled to seek relief under section 337."

Finally, "section 337 protects American industries, including American industries that are built on the exploitation of intellectual property through engineering, research and development, or licensing."

Judge Newman wrote in her dissent that the majority's opinions "erred in holding that the domestic industry requirement is met by licensing the importation of foreign-made products."

She explained that "The purpose of the 1988 amendments to Section 337 was to permit patentees that do not themselves manufacture their patented products, such as universities and others that perform research or engineering, to have access to the Section 337 remedy. The 1988 amendments did not remove the requirement that ``articles protected by the patent´´ must be produced in the United States; the amendments were designed to enlarge the incentive for domestic production, not to eliminate it."

This case is Interdigital Communications LLC, et al.  v. ITC, and Nokia Inc., et al., intervenors, U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2010-1093, an appeal from the U.S. International Trade Commission, Investigation No. 337-TA-613. Judge Bryson wrote both opinions, and Judge Mayer joined both. Judge Newman dissented in both.

USPTO Seeks Comments on Preparation of Patent Applications

1/15. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register (FR) requesting comments regarding potential practices that patent applicants can employ at the drafting stage of a patent application in order to facilitate examination and bring more certainty to the scope of issued patents. The deadline to submit comments is March 15, 2013.

On January 3 the USPTO published a notice in the FR that announced two roundtables, to be held at Stanford University and New York University, regarding software patents. That notice also requested comments by March 15. See also, story titled "USPTO Announces Roundtables on Software Patents" in TLJ Daily E-Mail Alert No. 2,503, January 3, 2013.

The present notice also discloses that the USPTO "plans to issue a separate notice building on internal initiatives and further identifying potential practices the Office can employ to also facilitate examination and bring more certainty to the scope of issued patents."

The present notice lists numerous practices that applicants might employ in identifying the scope of each claim when preparing their patent applications, and asks for public comments on each.

This notice also lists numerous practices that applications might employ in writing the specification, and asks for public comments on each.

See, FR, Vol. 78, No. 10, January 15, 2013, at Pages 2960-2961.

More Intellectual Property News

1/18. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register (FR) that announces, describes, recites, and set the effective date for, its rules changes regarding patent fees. See, FR, Vol. 78, No. 13, January 18, 2013, at Pages 4211-4291. The effective date is March 19, 2013. The USPTO wrote these rules to implement Section 10 of HR 1249 [LOC | WW] (112th Congress), the "Leahy-Smith America Invents Act". See also, story titled "USPTO Releases Patent Fees NPRM" in TLJ Daily E-Mail Alert No. 2,441, September 5, 2012.

1/18. The Copyright Office (CO) published a notice in the Federal Register (FR) regarding satellite royalty funds. This notice announces that the Copyright Royalty Judges seek comments, (1) on a motion [8 pages in PDF] of Phase I claimants for partial distribution in connection with the 2011 satellite royalty funds, and (2) as to the existence of Phase I and Phase II controversies with respect to the distribution of 2011 satellite royalty funds. The deadline to submit comments is February 19, 2013. See, FR, Vol. 78, No. 13, January 18, 2013, at Page 4169.

1/18. The Copyright Office (CO) published a notice in the Federal Register (FR) regarding cable royalty funds. This notice announces that the Copyright Royalty Judges seek comments, (1) on a motion [11 pages in PDF] of Phase I claimants for partial distribution in connection with the 2011 cable royalty funds, and (2) as to the existence of Phase I and Phase II controversies with respect to the distribution of 2011 cable royalty funds. The deadline to submit comments is February 19, 2013. See, FR, Vol. 78, No. 13, January 18, 2013, at Pages 4169-4170.

1/15. The Department of Homeland Security's (DHS) Customs and Border Protection (CBP) published a notice in the Federal Register (FR) that announces, describes, sets the comment deadline for, and sets the effective date of, the DHS/CBP's plan to establish a new system of records titled "U.S. Customs and Border Protection, DHS/CBP-004-Intellectual Property Rights e-Recordation and Search Systems System of Records". The deadline to submit comments is February 14, 2013. The effective date is also February 14. See, FR, Vol. 78, No. 10, January 15, 2013, at Pages 3015-3019.

1/14. The U.S. District Court (SDNY) issued its opinion [58 pages in PDF] in Agence France Press v. Daniel Morel, a copyright infringement case involving copying photographs from social media sites. This case is Agence France Press v. Daniel Morel, U.S. District Court for the Southern District of New York, D.C. No. 1:10-cv-02730-AJN-MHD, Judge Alison Nathan presiding.

1/14. The Copyright Royalty Board (CRB) published a notice in the Federal Register (FR) that announces receipt from SoundExchange of a notice of intent to audit the 2009, 2010, and 2011 statements of account submitted by Last.fm, Ltd., concerning the royalty payments made pursuant to two statutory licenses. See, FR, Vol. 78, No. 9, January 14, 2013, at Page 2694.

1/9. The Copyright Office (CO) published a notice in the Federal Register (FR) that announces, describes, recites, and sets the effective date for, it rules changes regarding its practices for providing refunds of cable royalties under the provisions of the Satellite Television Extension and Localism Act of 2010. The effective date is February 8, 2013. See, FR, Vol. 78, No. 6, January 9, 2013, at Pages 1755-1759.

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In This Issue
This issue contains the following items:
 • Georgia Tech Paper Examines Use of Technology Standards in the People's Republic of China
 • Microsoft Addresses Inconsistent Policies of FTC and DOJ on SEPs
 • Federal Circuit Rules on Domestic Industry Requirement of Section 337
 • USPTO Seeks Comments on Preparation of Patent Applications
 • More Intellectual Property News
Washington Tech Calendar
New items are highlighted in red.
Monday, January 21

The House will meet at 10:00 AM for the Inauguration of President Obama. See, Rep. Cantor's schedule.

The Senate will meet at 11:30 AM.

Martin Luther King's birthday. This is a federal holiday. See, OPM list of 2013 federal holidays.

Tuesday, January 22

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. There are no technology related items on the agenda. See, Rep. Cantor's schedule.

10:00 AM. The House Commerce Committee (HCC) will hold its organizational meeting for the 113th Congress. See, notice. Location: Room 2123, Rayburn Building.

12:30 PM. The House Oversight and Government Reform Committee (HOGRC) will hold its organizational meeting for the 113th Congress. Location: Room 2154, Rayburn Building.

1:00 PM. The House Oversight and Government Reform Committee (HOGRC) will hold a hearing titled "Wasting Information Technology Dollars: How Can the Federal Government Reform its IT Investment Strategy?". See, notice. Location: Room 2154, Rayburn Building.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed topics. See, notice. Location: Room 219, Hart Building.

3:30 - 5:15 PM. The American Enterprise Institute (AEI) will host an event titled "China in 2013 and Beyond". The speakers will be Frank Lavin (Export Now), Carolyn Bartholomew (US-China Economic and Security Review Commission), Dan Blumenthal (AEI), Phillip Swagel (AEI), and Danielle Pletka (AEI). Webcast. Free. Open to the public. See, notice. For more information, contact Lara Crouch at lara dot crouch at aei dot org or 202-862-7160. Location: AEI, 12th floor, 1150 17th St., NW.

5:00 PM. Deadline to submit reply comments to the Copyright Office (CO) in response to its notice in the Federal Register regarding its proposed fee schedule for filing cable and satellite statements of account. See, FR, Vol. 77, No. 235, December 6, 2012, at Pages 72788-72791.

Day one of a two day conference titled "State of the Net Conference". Prices vary. See, notice and registration page. Location: Hyatt Regency, 400 New Jersey Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [18 pages in PDF] regarding the amateur radio service. The FCC adopted this NPRM on October 1, 2012, and released the text on October 2. It is FCC 12-121 in WT Docket Nos. 12-283 and 09-209. See, notice in the Federal Register, Vol. 77, No. 206, October 24, 2012, at Pages 64947-64949.

EXTENDED TO FEBRUARY 13. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its licensing and operating rules for satellite services. The FCC adopted and released this NPRM on September 28, 2012. It is FCC 12-117 in IB Docket No. 12-267. See, original notice in the Federal Register, Vol. 77, No. 217, November 8, 2012, at Pages 67171-67201. See also, extension notice in the Federal Register, Vol. 77, No. 250, December 31, 2012, at Pages 77001-77002.

EXTENDED FROM JANUARY 7. Further extended deadline to submit comments to the Federal Communications Commission (FCC) in response to its November 1 Public Notice (PN) seeking updated information and comment on review of hearing aid compatibility regulations. This PN is DA 12-1745 in WT Docket No. 10-254. See also, November 27 extension Public Notice (DA 12-1898) and extension notice in the Federal Register (FR), Vol. 77, No. 234, December 5, 2012, at Pages 72294-72295, and further extension notice in the FR, Vol. 78, No. 9, January 14, 2013, at Pages 2653-2654.

Wednesday, January 23

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule.

Day two of a two day conference titled "State of the Net Conference". Prices vary. See, notice and registration page. Location: Hyatt Regency, 400 New Jersey Ave., NW.

9:00 AM. The House Science Committee (HSC) will hold its organizational meeting for the 113th Congress. Location: Room 2318, Rayburn Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Electric Power Serv. v. FCC, App. Ct. No. 11-1146. This is a challenge to the Federal Communications Commission's (FCC) pole attachment rules. See, April 7, 2011, Report and Order and Order on Reconsideration [144 pages in PDF]. It is FCC 11-50 in WC Docket No. 07-245 and GN Docket No. 09-51. See also, FCC brief. This case is the third of three on the schedule. Judges Sentelle, Tatel and Williams will preside. Location: USCA Courtroom, 5th floor, Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The House Homeland Security Committee (HHSC) will hold its organizational meeting for the 113th Congress. See, notice. Location: Room 311, Cannon Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominations: Nelson Roman (USDC/SDNY), Analisa Torres (USDC/SDNY), Raymond Moore (USDC/DColo), Derrick Watson (USDC/DHaw), and Claire Kelly (USCIT). See, notice. Webcast. Location: Room 226, Dirksen Building.

11:00 AM. The House Appropriations Committee (HAC) will hold its organizational meeting for the 113th Congress. See, notice. Location: Room 2359, Rayburn Building.

12:00 NOON - 2:15 PM. The Free State Foundation (FSF) will host an event to discuss the recently published book titled "Communications Law and Policy in the Digital Age: The Next Five Years". The speakers will include four of the contributing authors: Christopher Yoo (University of Pennsylvania Law School, and author of chapter titled "Internet Policy Going Forward: Does One Size Still Fit All?"), Daniel Lyons (Boston College Law School, and author of chapter titled "Reforming the Universal Service Fund for the Digital Age"), Ellen Goodman (Rutgers School of Law, and author of the chapter titled "Public Media Policy Reform and Digital Age Realities"), and Seth Cooper (author of the chapter titled "Restoring a Minimal Regulatory Environment for a Healthy Wireless Future"). Free. Lunch will be served. Registration require: e-mail Kathee Baker at kbaker at freestatefoundation dot org. Location: National Press Club, 13th Floor, 529 14th St., NW.

1:00 PM. The House Small Business Committee (HSBC) will hold its organizational meeting for the 113th Congress. See, notice. Location: Room 2360, Rayburn Building.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Trademark Fundamentals: The United States Patent and Trademark Office Federal Registration Process". The speakers will be Dawn Cassie (Navigant Consulting), Maureen Gorman (Marshall Gerstein Borun), Casey Mangan (Allstate Insurance Company), and Rene Guess (Procter & Gamble). Prices vary. CLE credits. See, notice.

Thursday, January 24

House schedule. See, House calendar for 113th Congress, 1st Session, and Rep. Cantor's schedule.

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Data Innovation in Government". The speakers will be Robert Bectel (Department of Energy), Teresa Carlson (Amazon Web Services), Richard Culatta (Department of Education), David Forrest (Department of Health and Human Services), Jason O'Connor (Lockheed Martin), and Daniel Castro (ITIF). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

10:00 AM. The Senate Foreign Relations Committee (SFRC) will hold a hearing on the nomination of John Kerry to be Secretary of State. See, notice. Location: Room 216, Hart Building.

12:00 NOON - 1:15 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Recent Developments in Two-Sided Markets in US and Canada". The speakers will be Micah Wood (Blakes), David Evans (Global Economics Group), Roger Ware (Queens University), and Leah Brannon (Cleary Gottlieb). Free. No CLE credits. See, notice.

12:00 NOON - 3:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Data Innovation in the U.S. Economy". The speakers will be William Chernicoff (Toyota Motor North America), Scott Neuman (Opower), and Daniel Castro (ITIF). See, notice. Location: Reserve Officers Association, 5th Floor, One Constitution Ave., NE.

1:00 PM. The US Telecom and ADTRAN will host a webcast seminar titled "Vectoring Demystified". Free. See, notice.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed topics. See, notice. Location: Room 219, Hart Building.

6:30 - 8:00 PM. The Federal Communications Bar Association (FCBA) Legislative Committee will host an event titled "Communications and Technology Policy in the 113th Congress". The participants will include House and Senate staff. No webcast. Closed to reporters. No CLE credits. Location: Georgetown University law school, Gewirz Student Center, 12th Floor, 120 F St., NW.

Friday, January 25

House schedule. See, House calendar for 113th Congress, 1st Session, and Rep. Cantor's schedule.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Criminal Antitrust Update". The speakers will be Anne Marie Cushmac (SunTrust Banks), Mark Rosman (Wilson Sonsini), Jeff VanHooreweghe (Wilson Sonsini), and Creighton Macy (Wilson Sonsini). Free. No CLE credits. See, notice.

Deadline to submit written comments to the U.S. Patent and Trademark Office (USPTO) regarding its January 11, 2013 roundtable on the possibility of changing USPTO rules of practice to require the disclosure of real party in interest information during patent prosecution and at certain times post-issuance. See, notice in the Federal Register, Vol. 77, No. 227, November 26, 2012, at Pages 70385-70389. See also, story titled "USPTO to Host Roundtable on Requiring Real Party in Interest Disclosures" in TLJ Daily E-Mail Alert No. 2,483, December 5, 2012.

EXTENDED FROM DECEMBER 21. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [205 pages in PDF] regarding incentive auctions. The FCC adopted this NPRM on September 28, and released the text on October 2. It is FCC 12-118 in Docket No. 12-268. See, notice in the Federal Register,  Vol. 77, No. 225, November 21, 2012, at Pages 69933-69992. See also, stories titled "FCC Adopts NPRM on Incentive Auctions" and "FCC Adopts Spectrum Aggregation NPRM" in TLJ Daily E-Mail Alert No. 2,455, October 1, 2012. See, extension notice in the Federal Register, Vol. 77, No. 239, December 12, 2012, at Page 73969.

Monday, January 28

The House will not meet the week of January 28 through February 1. See, House calendar for 113th Congress, 1st Session.

11:00 AM - 12:00 NOON. The Heritage Foundation (HF) will host a panel discussion titled "REAL ID Realities: Perspectives on the Future of the REAL ID Program". The speakers will be Jennifer Cohan (Delaware Division of Motor Vehicles), Lori Rectanus (Government Accountability Office), Andrew Meehan (Coalition for A Secure Driver’s License), and Jessica Zuckerman (HF). Free. Open to the public. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee will host a closed brown bag lunch. The speakers will discuss HR 6480 and S 3609 (112th Congress), the "Internet Radio Fairness Act". The speakers will be Harley Geiger (staff of Rep. Zoe Lofgren (D-CA)), Troy Stock (staff of Rep. Jason Chaffetz (R-UT)), Brieanne Elpert (SoundExchange), Lee Knife (Digital Media Association), and Brendan Kelsay (Clear Channel). Free. Closed to reporters. No CLE credits. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) in response to its notice that announces proposed removals from the Commerce Control List of certain Category XI items, which pertain to military electronics, and which include telecommunications equipment and software. See, Federal Register, Vol. 77, No. 229, November 28, 2012, at Pages 70945-70955.

Upcoming Events Outside of Washington

Wednesday, January 23.

8:00 AM. Marty Edwards, the DHS National Protection and Programs Directorate's (NPPD) Office of Cybersecurity and Communication's (CS&C) Control Systems Security Program Director, will give a speech titled "Cyber Threats to Industrial Control Systems: Fact or Fiction". Location: Texas A&M University, Memorial Student Center, 275 Joe Routt Blvd., College Station, Texas.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee will hold an open meeting. The agenda includes presentations on "FPGAs", "Rad-hard semiconductors", and "Trends in Cellular/Mobile Telecomm". See, notice in the Federal Register, Vol. 78, No. 5, January 8, 2013, at Page 1198. Location: Qualcomm, 5775 Morehouse Drive, Building QRC, Room 119B, San Diego, California.

Thursday, January 24.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee will hold a closed meeting. See, notice in the Federal Register, Vol. 78, No. 5, January 8, 2013, at Page 1198. Location: Qualcomm, 5775 Morehouse Drive, Building QRC, Room 119B, San Diego, California.

Day one of a two day conference hosted by the Southern Methodist University (SMU) law school titled "International Summit on the Law and Business of Video Games". Prices vary. See, notice. Location: SMU, Underwood Law Library, 6550 Hillcrest Road, Dallas, Texas.

Friday, January 25.

8:15 AM - 12:45 PM. The Federal Communications Bar Association's (FCBA) Florida Chapter and the Florida Bar Administrative Law Section will host an event titled "Florida Energy, Cybersecurity, and Administrative Practice". CLE credits. The price to attend is $65. See, notice. Location: Florida Public Service Commission, 4055 Esplanade Way, Easley Building, Room 152, Tallahassee, Florida.

Day one of a two day conference hosted by the American Bar Association (ABA) titled "2013 Cyberspace Law Institute & Winter Working Meeting". Prices vary. CLE credits. See, notice. Location: West Los Angeles-Westwood, 930 Hilgard Ave., Los Angeles, California.

Day two of a two day conference hosted by the Southern Methodist University (SMU) law school titled "International Summit on the Law and Business of Video Games". Prices vary. See, notice. Location: SMU, Underwood Law Library, 6550 Hillcrest Road, Dallas, Texas.

Saturday, January 26.

Day two of a two day conference hosted by the American Bar Association (ABA) titled "2013 Cyberspace Law Institute & Winter Working Meeting". Prices vary. CLE credits. See, notice. Location: West Los Angeles-Westwood, 930 Hilgard Ave., Los Angeles, California.