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."
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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."
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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.
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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.
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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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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 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
3034 Newark St. NW, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998-2013 David Carney. All rights reserved.
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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
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Washington Tech
Calendar
New items are highlighted in
red. |
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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.
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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.
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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.
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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.
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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.
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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.
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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. |
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