1/17. The Public Knowledge (PK) and Electronic Frontier Foundation (EFF) filed an amicus curiae brief [16 pages in PDF] with the U.S. District Court (SDNY) in AP v. Meltwater in support of the defendants' opposition to the Associated Press's (AP) motion for summary judgment.

The AP filed its complaint on February 14, 2012 alleging copyright infringement and hot news misappropriation by Meltwater.

The AP hires at great expense an army of reporters who engage in the labor intensive and time consuming process of collecting, researching, writing, and editing news stories. It licenses its works for fees. Meltwater does not license from AP. Rather it copies excerpts from AP's works, and sells its product to its own subscribers. The key issue is whether Meltwater's free riding is protected fair use.

The complaint states that "Meltwater has built its business on the willful exploitation and copying of the AP's and other publisher's news articles for profit. Meltwater styles itself a modern day commercial clipping service. Through its Meltwater News service, Meltwater copies and delivers to paying customers substantial infringing excerpts from AP stories and other published news stories, based on keywords selected by the subscriber. Meltwater then offers its customers the ability to store these excerpts and event full text articles in a customer archive housed on Meltwater's server and to further distribute these materials."

The AP complaint adds that "Meltwater thus provides a directly competing product for many AP subscribers, including government agencies and others that use the AP wire to monitor the news for breaking developments. AP bears all of the extensive costs associated with creating its content, while Meltwater bears only the minimal costs of distribution in the Internet age, and thus can undercut the AP with lower subscription rates."

The AP stated in a release that "The UK Court of Appeal and a Norway court have already issued decisions holding that the content delivered by Meltwater requires a license under those countries’ governing copyright laws. But, in contrast to many other news outlets and news aggregators that deliver AP news reports to the public (including Yahoo News, Google News and AOL, which all have licenses for AP content), Meltwater does not. It refuses to license the content that it delivers to its customers." (Parentheses in original.)

 17 U.S.C. § 107 provides the four prong statutory test for the fair use defense. It provides, in full, that,

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
   (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
   (2) the nature of the copyrighted work;
   (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
   (4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

The PK and EFF argue in their January 17 brief that "The Associated Press asks this Court to accept a woefully cramped view of fair use (and, in particular, of the first and third statutory factors) that is unsupported by Supreme Court and Second Circuit precedent. If adopted by this or any other court, this view would sharply curtail the essential role fair use plays in facilitating online innovation and expression, restricting the use and development of services that allow users to find, organize and share public information, services that depend on making intermediate copies, and even personal consumer uses such as time-shifting." (Parentheses in original.)

The PK's Sherwin Siy (at right), who co-authored the brief, stated in a release that "While many people associate fair use with parodies, mashups, and remixes, even unadulterated copies can be fair uses. Fair use exists to promote scholarship, research, and news reporting, among many other things, and both the statute and the case law clearly allow for this sort of notification, quotation, and excerpting. Arguing that fair uses have to embody new expression contradicts the laws that allow modern technologies like search engines to operate."

This case is Associated Press v. Meltwater U.S. Holdings, Inc., et al., U.S. District Court for the Southern District of New York, D.C. 2:12-cv-1087-DLC-FM. The AP is represented by the law firm of Davis Wright Tremaine.

1/22. David Kappos, head of the U.S. Patent and Trademark Office (USPTO), wrote a short piece titled "Using a Data-Driven Approach for Quality Improvements".

He wrote that a USPTO "management team focused on three technology centers in our Patents organization", including the "business methods area of TC 3600".

He continued that in TC 3600 "a concern was expressed that examination practices were not consistent with the principles of compact prosecution, citing instances of multiple non-final rejections, reopening of prosecution after final rejections, and more reversals at the Patent Trial and Appeal Board (PTAB) compared to other art areas. Concerns were also expressed that examiners were unduly strict in allowing claims in this area."

Kappos (at right) concluded that "After a careful look at the data, we discovered these concerns were not well founded."

He elaborated that the data for FY 2012 show that "only 2.4 percent of the total actions in the business methods area were second or subsequent non-final actions. The data also show that only 2.2 percent of final rejections made in FY12 in this area were reopened, compared to 2.8 percent across the entire patent corps. As far as the performance at the PTAB, the business methods area had an affirmed and affirmed-in-part rate of 70 percent compared to a corps average rate of 64 percent."

"So the data showed that compliant prosecutions as well as affirmance rates at the PTAB are actually above corps averages, suggesting that those applications with allowable subject matter are being allowed. And those that should be rejected are being rejected."

Kappos also discussed the pharmaceutical composition area of TC 1600, and the medical device areas of TC 3700.

1/22. The U.S. Court of Appeals (FedCir) issued its opinion in Soverain Software v. Newegg, reversing the District Court's judgment of patent infringement. This opinion focuses on the issue of obviousness.

Newegg is an online retailer of computer equipment and software. Soverain Software (SS) acquired in bankruptcy the patents of another company that relate to e-commerce. SS then filed a complaint in the U.S. District Court (EDTex) against Newegg alleging patent infringement. SS also sued other companies, which agreed to pay to license.

The patents in suit describe buying stuff online. See, U.S. Patent No. 5,715,314, continuation Patent No. 5,909,492, and Patent No. 7,272,639.

The District Court held that the claims are not invalid on the ground of obviousness. The jury returned a verdict of infringement as to two patents. The District Court granted judgment as a matter of law as to a third.

This appeal followed. The Court of Appeals held that the claims on all three patents are invalid for obviousness. It therefore reversed the judgments of infringement.

Most of the opinion addresses obviousness. The Court of Appeals held that the District Court did not err in depriving Newegg trial by jury on obviousness. It is a question of law. However, the Court of Appeals held, in a de novo review, that the District Court erred in its rulings on obviousness.

35 U.S.C. § 103 addresses "Conditions for patentability; non-obvious subject matter". Subsection (a) references obviousness. It provides that "A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains."

The Court of Appeals wrote, citing Graham v. John Deere, 383 U.S. 1 (1966), that the four factors to be applied are "(1) the scope and content of the prior art, (2) the difference between the prior art and the claimed invention, (3) the level of ordinary skill in the field of the invention, and (4) any relevant objective considerations."

It also relied upon the Supreme Court's 2007 opinion in KSR International v. Teleflex, 550 U.S. 398. See also, story titled "Supreme Court Rules on Patent Obviousness in KSR v. Teleflex" in TLJ Daily E-Mail Alert No. 1,576, May 7, 2007.

This case is Sovereign Software LLC v. Newegg, Inc., U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2011-1009, an appeal from the U.S. District Court for the Eastern District of Texas, D.C. No. 07-CV-0511, Judge Leonard Davis presiding. Judge Pauline Newman wrote the opinion of the Court of Appeals, in which Judges Sharon Prost and Jimmie Reyna joined.

1/16. The U.S. Court of Appeals (DCCir) issued its Judgment [2 pages in PDF] in InContact v. FCC, denying without opinion a petition for review of a Federal Communications Commission (FCC) order denying an application for review of an FCC Wireline Competition Bureau (WCB) universal service tax invoice. InContact filed its application late. See also, FCC brief, filed on September 11, 2012. This case is InContact, Inc. v. FCC and USA, U.S. Court of Appeals for the District of Columbia Circuit, App. Ct. No. 12-1133, a petition for review of a final order of the FCC. The three judge panel was comprised of Judges Garland, Griffith and Randolph.

1/11. The U.S. Court of Appeals (DCCir) issued its opinion in GameFly v. Postal Regulatory Commission, a petition for review of an order of the Postal Rate Commission (PRC) rejecting GameFly's allegation of discriminatory treatment. GameFly and Netflix both use the U.S. Postal Service (USPS) to mail DVDs to their customers. GameFly filed a discrimination complaint, because it is charged more than Netflix, and proposed remedies. The PRC rejected the complaint. The Court of Appeals vacated and remanded. This case is GameFly, Inc. v. PRC and USPS, intervenor, U.S. Court of Appeals for the District of Columbia Circuit, App. Ct. No. 11-1179, a petition for review of a final order of the PRC.

1/11. The U.S. Court of Appeals (7thCir) issued its opinion in Nationwide Insurance v. Central Laborers' Pension Fund, a case regarding an insurer's duty to defend and indemnify under a homeowner's insurance policy  in a data theft case. Central Laborers Pension Fund (CLPF) hired an accounting firm. CLPF gave to the firm a CD containing the names, birth dates, and Social Security Numbers of approximately 30,000 individual participants and beneficiaries in its funds. An employee of the firm, Jeanne Hentz, put the CD in her laptop, left the laptop in her car, and parked her car in front of her house, from which the laptop and CD were stolen. The CLPF filed a complaint in state court against the Hentz alleging negligence. She tendered the defense to her home insurer, Nationwide Insurance. Nationwide filed a complaint in the U.S. District Court (NDIll), based upon diversity of citizenship, against Hentz and CLPF seeking a declaratory judgment that the policy did not cover this incident, and hence, that it had no duty to defend or indemnify her. The District Court granted summary judgment to Nationwide. The Court of Appeals affirmed. This case is Nationwide Insurance Company v. Central Laborers' Pension Fund, et al., U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 12-1784, an appeal from the U.S. District Court for the Southern District of Illinois, D.C. No. 11 CV 00618, Judge Phil Gilbert presiding. Judge Manion wrote the opinion of the Court of Appeals, in which Judges Williams and Hamilton joined.

1/22. Ron Kirk, head of the Office of the U.S. Trade Representative (USTR), announced in a release that he "intends to depart the position in late February".

Kirk (at right) and the Obama administration generally demonstrated a reduced commitment to free trade, compared to recent administrations. However, Kirk's OUSTR and other federal agencies developed some new trade related policies to advance the interests intellectual property based industries, and especially movie and music companies.

During his four year tenure, the Obama administration delayed implementation of three bilateral free trade agreements concluded during the Bush administration, with Korea, Columbia and Panama. Moreover, the OUSTR commenced no new bilateral FTA negotiations.

The already stalled multilateral Doha round negotiations became moribund during his tenure. Basic rules of international trade have not been expanded or updated in almost 20 years.

The OUSTR commenced the negotiation of the Anti-Counterfeiting Trade Agreement (ACTA) during the Bush administration. However, the ACTA was concluded during Kirk's tenure. See, stories titled "ACTA Signing Set for October 1 in Tokyo" in TLJ Daily E-Mail Alert No. 2,305, September 28, 2011, and stories titled "ACTA Draft Released", "Summary of ACTA", and "Reaction to ACTA" in TLJ Daily E-Mail Alert No. 2,140, October 11, 2010.

During his tenure, the OUSTR continued to prepare annual and out of cycle Special 301 reports, as required by statute. However, during his tenure, the OUSTR began the practice of preparing stand alone notorious markets reports, identifying web sites and physical markets with extensive infringing activity. See, story titled "OUSTR Announces Separate Notorious Markets Process" in TLJ Daily E-Mail Alert No. 2,138, October 4, 2010.

Section 301 is the statutory means by which the U.S. asserts its international trade rights, including its rights under World Trade Organization (WTO) agreements. In particular, under the "Special 301" provisions of the Trade Act of 1974, the OUSTR identifies trading partners that deny adequate and effective protection of intellectual property or deny fair and equitable market access to U.S. artists and industries that rely upon intellectual property protection. See, 19 U.S.C. § 2242.

During his tenure, the OUSTR pursued the US complaint against the People's Republic of China (ORC) in the World Trade Organization (WTO), filed during the Bush administration, regarding access barriers for U.S. movie, record, and other content industries, and other issues.

See, TLJ stories on this proceeding:

• "US to Complain to WTO Regarding PR China's Failure to Protect IPR" in TLJ Daily E-Mail Alert No. 1,562, April 9, 2007.
•  "US Requests WTO Dispute Settlement Panel Re PRC Failure to Protect IPR" in TLJ Daily E-Mail Alert No. 1,623, August 15, 2007.
• "WTO Panel Rules in PRC IPR Case" in TLJ Daily E-Mail Alert No. 1,889, February 2, 2009.
• "WTO Appellate Body Affirms in Movie and Music Case" in TLJ Daily E-Mail Alert No. 2,029, December 29, 2009.
• "PR China Agrees to Improve Market Access for US Movie Companies" in TLJ Daily E-Mail Alert No. 2,347, March 6, 2012.

President Obama praised Kirk, but did not announce a replacement. See, White House news office release.

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

The Senate will meet at 9:30 AM.

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.

5:00 PM. Facebook will announce its fourth quarter and fiscal 2012 financial results. See, notice.

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.

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.

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.

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Sensors and Instrumentation Technical Advisory Committee will meet. See, notice in the Federal Register, Vol. 78, No. 5, January 8, 2013, at Page 1198. Location: DOC, Hoover Building, Room 6087B, 14th Street between Constitution and Pennsylvania Aves., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee and Wireline Committee will host a brown bag lunch titled "Growing the Skill Set -- a Focus on Continuous Career Development". The speakers will include Jessica Almond (Chief of Staff of the FCC's Wireless Telecommunications Bureau), Chris McCabe ( CTIA), Melissa Newman (CenturyLink), Barry Ohlson (Cox Enterprises), Mike Senkowski (Wiley Rein), and Davina Sashkin (Fletcher Heald & Hildreth). Free. No CLE credits. Location: Wiley Rein, 10th Floor Conference Room, 1750 K St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Committee will host an event titled "Verizon Spectrum Co: Anatomy of a Transaction". The speakers will include Donald Stockdale (Mayer Brown), Joseph Matelis (DOJ Antitrust Division), Rick Kaplan (National Association of Broadcasters), Kathleen Grillo (Verizon), Kathy Zachem (Comcast), Charles McKee (Sprint Nextel), and Jodie Griffin (Public Knowledge). CLE credits. Prices vary. See, notice. Reservations and cancellations are due by 12:00 NOON on January 29. Location: Mayer Brown, 1999 K St., NW.

1/22. Joe Keeley was named Chief Counsel of the House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property, and the Internet, two weeks ago. During the 112th Congress, he worked for the House Science Committee (HSC). During the 111th Congress, he worked for Pennsylvania Avenue Connection. Before that, he worked at the law firm of Arent Fox, for the Copyright Office (CO), and for the HJC. Before that, he spent four years working for the Business Software Alliance (BSA). And before that, he worked for former Sen. Frank Murkowski (R-AK). Rep. Howard Coble (R-NC) is the Chairman of this Subcommittee for the 113th Congress.

1/22. Athena Polydorou was named Executive Director of the CTIA's Wireless Foundation. She was previously Director of the CTIA's Wireless Internet Development Department. Jackie McCarthy was named Director of CTIA Wireless Internet Development. She was previously the CTIA's Director of State Regulatory Affairs. And, Matthew Gerst was promoted from Counsel to Director of the External and State Affairs Department. See, CTIA release.

1/22. The Department of the Treasury's (DOT) Financial Crimes Enforcement Network, also known as FinCEN, published a notice in the Federal Register (FR) requesting nominations of financial institutions and trade groups for membership on the Bank Secrecy Act Advisory Group. Members designate one person to represent them at meetings. New members will serve for three years. There is no pay, or remuneration for travel. The deadline to submit nominations is February 15, 2013. See, FR, Vol. 78, No. 14, January 22, 2013, at Page 4591.

1/22. Vincente Martinez was named Chief of the Securities and Exchange Commission's (SEC) Enforcement Division's (ED) Office of Market Intelligence. See, SEC release.

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