Republicans Query DHHS Regarding IT Failures
in ObamaCare's FFM |
10/10. Fifteen Republican members of the
House Commerce Committee (HCC) sent a
letter to Kathleen Sebelius, Secretary of Health and Human Services,
regarding information technology (IT) failures that have "prevented consumers
from completing the enrollment tasks" required by the regulatory regime often
referred to as "ObamaCare".
In addition, the HCC announced that it will hold a hearing on the subject on Thursday,
October 24, at 9:00 AM. This hearing is titled "PPACA Implementation Failures: Didn't
Know or Didn't Disclose?". See,
notice.
They wrote that the cause of these problems "is not yet clear", but may be
"due to inadequate server capacity or poor software coding and system
architecture" in the "federally facilitated marketplace", or FFM.
Hence, they propound three interrogatories, to be answered in writing by October 16,
2013. They ask, for example, "what is causing the nationwide failures", and
what "changes or fixes" have been performed or recommended?
The letter also includes a request for production of documents, to be answered by
October 23, 2013. They request any "analyses or memoranda ... discussing or
analyzing the failures".
The HCC Republicans also sent a similar
letter to contractor Quality Software Services, Inc. (QSSI), and a similar
letter to contractor CGI. These letters also request "all communications,
including e-mail" between QSSI and HHS, and between CGI and HHS, regarding the
FFM.
See also, HCC's October 10
release, and October 11
release.
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ITIF Releases Report on US EU TTIP
Negotiations |
10/10. The Information Technology and Innovation
Foundation (ITIF) released a
report
[34 pages PDF] titled "How to Craft an Innovation Maximizing T-TIP Agreement".
The authors are the ITIF's Michelle Wein and Stephen Ezell.
It states that the ongoing negotiations between the US and European Union (EU) for
trade a agreement titled "Transatlantic Trade and Investment Partnership", or
"TTIP", "should be designed to maximize technological innovation in the two
regions".
"Ideally, the T-TIP would eliminate all tariffs and non-tariff barriers to
trade. However, realistically, both the European Union and the United States are
going to make tradeoffs, and it is important to make these tradeoffs in a manner
that promotes innovation-based trade as a fundamental driver of global growth."
This report states that innovation based industries include information and
communication technology (ICT), life sciences, aerospace, and clean energy.
The report makes numerous more specific recommendations.
Some of these recommendations are incompatible with political circumstances
and declarations made by the EU. For example, Karel De
Gucht, the European Trade Commissioner, gave a
speech in Prague, Czech Republic on the TTIP negotiations in which he said
that the EU will
not remove regulatory barriers to trade, or "renounce the right to regulate in
future to reach the level of protection that their citizens choose".
Nevertheless, the ITIF wants the TTIP to create "science-based regulatory
regimes in the pharmaceutical, automotive and agricultural sectors".
The ITIF recommends that the TTIP agreement "Eliminate all tariffs in trade
on innovation industries", and "Liberalize trade in innovative services,
especially telecommunication services and audiovisual services".
The ITIF also recommends that the TTIP agreement "Prohibit the use of data
center localization as a condition of market access" and "Honor existing
international data flow agreements, such as the Safe Harbor".
The report recommends that the agreement "prevent restrictions on the import
and use of commercial encryption technologies".
The report also recommends that the agreement "Adopt a common definition for
trade secrets: any information that has economic value (actual or potential), is
not generally known to the public, and for which the trade secret owner has
taken reasonable measures to keep private". (Parentheses in original.)
The report also recommends that the agreement "Establish a bilateral R&D
participation model in order to coordinate cross-border pre-competitive research
partnerships" and "Allow companies participating in pre-competitive research to
freely transfer ownership and access rights for foundational IP to affiliates
across and between the European Union and the United States."
The report also recommends lowing barriers to foreign direct investment,
ending government production subsidies (especially in aerospace), and provide 12
years of data exclusivity for biopharmaceutical products.
See also, stories titled "EU and US Announce Beginning of
Transatlantic Trade and Investment Partnership Negotiations" in
TLJ Daily E-Mail Alert
No. 2,523, February 13, 2013, "Marantis Outlines Objectives of US EU TTIP
Negotiations" in TLJ
Daily E-Mail Alert No. 2,537, March 20, 2013, and "OUSTR Announces Request
for Comments and Hearing Regarding US EU TTIP" in
TLJ Daily E-Mail
Alert No. 2,547, April 8, 2013.
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Supreme Court Declines Case Involving
Domestic Industry Requirement of Section 337 |
10/15. The Supreme Court denied
certiorari in Nokia v. USITC, a Section 337 exclusion case
involving wireless phones. See, October 15
Orders
List [15 pages in PDF] at page 13.
This lets stand the August 1, 2012
opinion [35 pages in PDF] and January 10, 2013
opinion [49 pages in PDF] of the
U.S. Court of Appeals (FedCir). The Court
of Appeals held that the domestic industry requirement of Section 337 does not require
domestic manufacture, and that mere licensing may suffice. Had the Supreme Court granted
certiorari, and reversed, this would have reduced the volume of patent cases
filed with the U.S.
International Trade Commission (USITC) by patent assertion entities.
InterDigital filed a complaint with the 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 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 August opinion focused on the issue of infringement.
Only four pages 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 a second opinion on January
10, focusing 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."
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."
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 dissented.
Nokia filed a
petition for writ of certiorari.
Amicus Briefs. Hewlett Packard (HP) filed an
amicus curiae brief [PDF] urging the Supreme Court to grant certiorari.
It decried the proliferation of Section 337 actions brought by patent assertion
entities (PAEs), the expanding role of the USITC, and the use these actions as
an "end-run around general principles of patent law", such as the Supreme
Court's 2006 opinion
in eBay v. MercExchange, 547 U.S. 388. See also,
story titled
"Supreme Court Rules on Availability of Injunctive Relief in Patent Cases" in
TLJ Daily E-Mail Alert No.
1,371, May 16, 2006.
HP wrote that the USITC's "growing usurpation of the federal courts'
authority over patent disputes warrants this Court’s immediate attention.
Congress gave the federal courts exclusive jurisdiction over the Patent Act, and
the ITC jurisdiction over various trade disputes. Although some overlap between
the two is inevitable, the ITC, with the Federal Circuit’s blessing, has now
reached well beyond its statutory role of protecting American industries and
jobs from unfair trade practices. Indeed, by eliminating the statutory
requirement that a complainant demonstrate a domestic industry tied to
``articles protected by the patent,´´ as opposed to mere licensing alone, the
ITC has transformed itself into a general patent enforcement venue for routine
disputes that should be heard in a federal court."
ZTE filed an
amicus curiae brief in which it too urged the Supreme Court to grant
certiorari, and reverse the Court of Appeals.
Samsung filed an
amicus curiae brief urging that certiorari be granted. It wrote that
"Section 337 was not intended to provide an alternative forum for patent
litigation. Instead, it provides an important and powerful trade remedy
available only to domestic industries that themselves invest in the use of the
intellectual property that is being unfairly used in foreign imports. This
limitation on the ITC’s authority -- known as the ``domestic industry´´
requirement -- ensures that the agency remains ``fundamentally a trade forum,
not an intellectual property forum.´´" (Citations omitted.)
Dell also filed an
amicus curiae brief urging that certiorari be granted. It lamented that the
USITC "has become the Nation’s most popular patent forum, based on an improper
expansion of its jurisdiction to encompass claims by entities that neither
manufacture patented products nor enable others to develop such products but
that instead extract license payments from companies using technology developed
independently."
Dell continued that "Patent assertion has become a big business. Patent
Assertion Entities or ``PAEs´´ are companies that buy patents and assert them
against operating companies. Prior to 2006, no ITC investigation had been
initiated by a PAE. By 2012, PAEs were responsible for almost half the
respondents named in ITC cases." (Footnote omitted.)
This case is Nokia, Inc., et al. v. U.S. International Trade Commission,
Supreme Court of the U.S., Sup. Ct. No. 12-1352, a petition for writ of certiorari
to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2010-1093. The
Court of Appeals heard an appeal from the U.S. International Trade Commission, Inv.
No. 337-TA-613. Chief Justice Roberts and Justice Breyer took no part in the
consideration or decision of this petition.
See also, story titled "Federal Circuit Rules on Domestic
Industry Requirement of Section 337" in
TLJ Daily E-Mail
Alert No. 2,512, January 20, 2013.
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Supreme Court Denies Certiorari in
Technology Patents v. T-Mobile |
10/7. The Supreme Court denied
certiorari in Technology Patents v. T-Mobile UK, a patent case against
foreign carriers, domestic carriers and handset makers, and software companies.
See, October 7
Orders List [94 pages in PDF] at page 75.
This lets stand the October 17, 2012
opinion of the U.S. Court of Appeals
(FedCir). The patent in suit is
U.S. Reissue Patent No. RE39870, titled "Global paging system using
packet-switched digital data network and remote country designation".
Technology Patents LLC (TPLLC),
inventor Aris Mardiossian's company, sued over one hundred companies in the U.S.
District Court (DMd) alleging patent infringement. The District Court dismissed
the foreign carriers for lack of personal jurisdiction. The District Court
construed claims, and then granted summary judgment (SJ) of non-infringement in
favor of the domestic carriers, handset makers and software companies.
TPLLC appealed. The Court of Appeals affirmed the claim constructions. It
affirmed the SJ of noninfringement as to the domestic carriers. It affirmed that
the judgment against the domestic carriers applies equally to the foreign
carriers. It affirmed the SJ of noninfringement as to the software companies
with respect to some claims, vacated as to others, and remanded.
TPLLC petitioned for writ of certiorari, raising issues regarding
jurisdiction and summary judgment.
This case is Technology Patents LLC v. T-Mobile (UK) Ltd., et al.,
Supreme Court of the U.S., Sup. Ct. No. 12-1292, a petition for writ of
certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No.
2011-1581. The Court of Appeals heard an appeal from the U.S. District Court for
the District of Maryland, D.C. No. 07-CV-3012.
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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:
• Republicans Query DHHS Regarding IT Failures in ObamaCare's FFM
• ITIF Releases Report on US EU TTIP Negotiations
• Supreme Court Declines Case Involving Domestic Industry Requirement of Section 337
• Supreme Court Denies Certiorari in Technology Patents v. T-Mobile
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Washington Tech
Calendar
New items are highlighted in
red. |
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Friday, October 18 |
The House will not meet. It will next meet on
Tuesday, October 22. See,
SConRes 24.
The Senate will not meet. It will next meet on
Monday, October 28 at 2:00 PM. See,
SConRes 24.
Supreme Court conference
day. See, October Term 2013
calendar.
Deadline to submit initial comments to the Federal
Communications Commission (FCC) in response to its
Further
Notice of Proposed Rulemaking [94 pages in PDF] regarding the provision and
marketing of Internet Protocol Captioned Telephone Service (IP CTS). The
FCC adopted and released this item on August 26, 2013. It is FCC 13-118 in CG Docket
Nos. 13-24 and 03-123. See,
notice
in the Federal Register, Vol. 78, No. 170, September 3, 2013, at Pages 54201-54209.
Deadline to submit comments to the
Federal Trade Commission (FTC) regarding the
proposed self regulatory guidelines submitted to the FTC by Samet Privacy,
LLC, operator of the kidSAFE Seal
Program, pursuant to the safe harbor provision of the FTC's rules that
implement the Children's Online Privacy Protection Act (COPPA). See,
Samet's August 15, 2013
filing
[38 pages in PDF, redacted] titled "kidSAFE Seal Program’s Application for
COPPA Safe Harbor Approval". See, FTC
release and
notice in the Federal Register, Vol. 78, No. 181, September 18, 2013, at
Pages 57319-57320.
Deadline to submit comments to the
National Institutes of Health (NIH) in
response to its request for comments regarding its plans to create, and
provide access to, a national database of genomic information. See,
notice in the Federal Register, Vol.78, No. 183, September 20, 2013, at
Pages 57860-57865. The FR notice does not set a comment deadline. Rather, it
states that comments are due "60 days after publication of this notice".
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Monday, October 21 |
The House will not meet. See,
SConRes 24.
The Senate will not meet the week of October 21-25.
See,
SConRes 24.
9:00 AM - 5:00 PM. The U.S.-China
Economic and Security Review Commission will hold one in a series of meetings
to review and edit its 2013 annual report to the Congress. Open to the public. See,
notice
in the Federal Register, Vol. 78, No. 151, August 6, 2013, at Pages 47829-47830.
Location: Room 231, Hall of the States, 444 North Capitol St., NW.
5:30 - 7:00 PM. The Institute for
Policy Innovation (IPI) will host a reception in advance of its October 22 event
titled "5th Annual Communications Summit". Free. Open to the public. See,
notice
and registration page.
For more information, contact Erin Humiston at erin at ipi dot org or 972-874-5139.
Location: Room 121, Cannon Building.
6:00 - 8:00 PM. The
Center for Strategic and International Studies
(CSIS) will host a panel discussion titled "Rare Earth Elements: Implications
on US-Asia Environmental and Security Issues". The speakers will be Leigh
Hendrix (Goldwyn Global Strategies), Marc Humphries (Congressional Research Service),
and Michael Mazza (American Enterprise Institute). Register by emailing
youngleaderswashington at gmail dot com. See,
notice. Location: Johns Hopkins University -- SAIS, Rome Building
Auditorium, 1619 Massachusetts Ave., NW.
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Tuesday, October 22 |
The House will meet at 2:00 PM. See,
SConRes 24.
9:00 AM - 5:00 PM. The U.S.-China
Economic and Security Review Commission will hold one in a series of meetings
to review and edit its 2013 annual report to the Congress. Open to the public. See,
notice
in the Federal Register, Vol. 78, No. 151, August 6, 2013, at Pages 47829-47830.
Location: Room 231, Hall of the States, 444 North Capitol St., NW.
9:30 AM - 1:00 PM. The Institute for
Policy Innovation (IPI) will host an event titled "5th Annual
Communications Summit". There will be a panel on spectrum policy, with
speakers John Hane (Pillsbury Winthrop), Bret Swanson (Entropy Economics), and Tom
Giovanetti (IPI). There will be a panel titled "Progress and Obstacles in mHealth
Policy", with speakers Merrill Matthews (IPI) and others. There will be a panel
on the Internet Tax Fairness Act, with speakers Annabelle Canning (Capitol Tax Partners),
Jot Carpenter (CTIA), and Bartlett Cleland (Madery Bridge). There will be a panel
titled "Successes and Challenges for the Connected Home", with speakers Kyle
Dixon (Time Warner), David Don (Comcast), and Bartlett Cleland. Free. Open to the public.
Lunch will be served. See,
notice
and registration page. For more
information, contact Erin Humiston at erin at ipi dot org or 972-874-5139. Location:
Reserve Officers Building, 5th Floor, 1 Constitution Ave., NE.
10:30 AM. The Federal Communications Commission (FCC) will host an
event titled "open meeting". The tentative agenda includes adoption of a
R&O and FNPRM on rural call completion, a R&O on interoperability in
the lower 700 MHz band, and a R&O with rules for the 700 MHz spectrum licensed
to the First Responder Network Authority. Location: FCC, Commission Meeting
Room, TW-C305, 445 12th St., SW.
POSTPONED. 12:15 - 1:30 PM. The Federal Communications
Commission (FCC) will host an event. The speakers will be Jose Albuquerque (Chief of
the FCC's International Bureau's Satellite
Division) and other FCC staff. Free. No webcast. No CLE credits. The
FCBA states that this is an event of its
International Telecommunications Committee. Location:__.
1:00 - 4:00 PM. The Department of Commerce's (DOC) National
Telecommunications and Information Administration' (NTIA)
Commerce Spectrum Management
Advisory Committee (CSMAC) will meet. The agenda includes enforcement,
transitional sharing, general occupancy, measurements and quantification of
federal spectrum use, spectrum management via databases, federal access to
non-federal bands, and spectrum sharing cost recovery alternatives. See,
notice
in the Federal Register, Vol. 78, No. 181, September 18, 2013, at Pages 57370-57371.
Location: DOC, Room 4830, 1401 Constitution Ave., NW.
2:00 - 3:30 PM. The
Brookings Institution (BI) will host a
panel discussion titled "The Modernization of Health Care through Mobile
Technology and Medical Monitoring Devices". The speakers will be Darrell
West (BI), Erik Augustson (National Cancer Institute), Iltifat Husain (iMedicalApps.com),
and Asif Khan (Caremerge). Free. Open to the public. Webcast. See,
notice. Location: BI, 1775 Massachusetts Ave., NW.
4:00 - 5:30 PM. The DC Bar
Association will host a panel discussion titled "Complying with
Antitrust Enforcement Orders, Decrees and Agreements". The speakers will be
Carrie Anderson (Weil Gotshal &
Manges), Daniel Ducore (FTC's BOC's Assistant Director of Compliance), Robert Kramer
(General Counsel of the DOJ's Antitrust Division), and
Robert Hauberg (Baker
Donelson). The price to attend ranges from free to $25. No CLE credits. No webcast.
For more information, call 202-626-3463. The DC Bar has a history of barring reporters
from its events. See,
notice.
Location: Baker Donelson, Suite 900, 920
Massachusetts Ave., NW. (Enter at 901 K St., NW.)
11:59 PM. Deadline to submit comments to the
Office of the U.S. Trade Representative (OUSTR)
to assist it in preparing its National Trade Estimate Report on Foreign Trade
Barriers (NTE). See,
notice
in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50481-50482.
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Wednesday, October 23 |
8:30 - 10:00 AM. The New
America Foundation (NAF) and Time Warner Cable (TWC) will host a panel discussion
of the paper
[28 pages in PDF] titled "Solving the Spectrum Crunch: Unlicensed Spectrum
on a High Fiber Diet". The speakers will be the author
Michael Calabrese (NAF), and Rob
Alderfer (Cable Labs), Mike Roudi (TWC), and Fernando Laguarda (TWC). Free.
Open to the public. Breakfast will be served. See,
notice.
Location: National Cable & Telecommunications
Association, 25 Massachusetts Ave., NW.
TIME CHANGE. 9:00
8:30 - 10:00 AM. The Center
for Strategic and International Studies (CSIS) will host an on site and webcast panel
discussion titled "Cybersecurity". The speakers will be
Rep. Mike Rogers (R-MI), Michael
Chertoff (Chertoff Group), James Lewis (CSIS), and Jim Pawlenty (Financial
Services Roundatable). Free. Open to the public. Registration
to attend on site has closed. The deadline to register is October 22.
Register by emailing techpolicy at csis dot org. Webcast. See,
notice. Location: CSIS, 212-C Concourse Level, 1616 Rhode Island Ave., NW.
10:00 - 11:30 AM. The
Brookings Institution (BI) will host a
panel discussion titled "Strengthening Legal and Technological Frameworks
to Grow Civic Participation and Public Engagement". The speakers will be
Darrell West (BI), Matt Leighninger (Deliberative Democracy Consortium), Lisa
Bingham (Indiana University), Mike Huggins (Public Collaboration Associates),
and Kevin Curry (Code for America). Free. Open to the public. Webcast. See,
notice. Location: BI, 1775 Massachusetts Ave., NW.
10:30 AM. The House
Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT)
will hold a hearing titled "The Evolution of Wired Communications
Networks". The witnesses will be __. See,
notice. Location: Room 2123, Rayburn Building.
12:00 NOON - 1:00 PM. The American
Bar Association (ABA) will host an on site and teleconferenced panel discussion
titled "Advertising, Consumer Protection, & Privacy Law: An Emerging
Practice with Exciting Career Opportunities". The speakers will be
David Conway (Venable), Andi
Arias (FTC's Division of Privacy & Identity Protection),
Donnelly McDowell
(Kelley Drye), Ella Krainsky (FTC's Division of Advertising Practices), and
Mona Thakkar (Volkswagen Group). Free. No CLE credits. See,
notice. Location: George Washington University Law School, Lisner Hall, Room 201,
2023 G St., NW.
2:30 PM. The
Senate Judiciary Committee (SJC)
will hold a hearing on pending nominees: John Owens (to be a Judge of
the U.S. Court of Appeals (9thCir)),
Matthew Leitman (USDC/EDMich), Judith Levy (USDC/EDMich), Laurie Michelson (USDC/EDMich),
Linda Parker (USDC/EDMich), and Peter Kadzik (Assistant Attorney General in
charge of the Office of Legislative Affairs). Webcast. See,
notice. Location: Room 226, Dirksen Building.
Deadline to submit initial comments to the Federal
Communications Commission (FCC) in response to its
Public
Notice [14 pages in PDF] (DA 13-1969 in EB Docket No. 04-296) regarding equipment
and operational issues identified following the first test of the Emergency Alert
System (EAS) on November 9, 2011.
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Thursday, October 24 |
8:00 AM - 6:00 PM. Day one of a two day event hosted by the
Department of Homeland Security's (DHS) Customs and
Border Protection (CBP) titled "CBP 2013 East Coast Trade
Symposium". The CBP, among other missions, seizes products imported into
the U.S. in violation of intellectual property rights, or that are circumvention
devices. In addition, the DHS's Immigration and Customs
Enforcement (ICE) is involved in the seizure of domain names of commercial web
sites that traffick in infringing, counterfeit and illegal products. The agenda
includes discussion of CBP's role in international trade initiatives and partnerships.
See, notice
in the Federal Register, Vol. 78, No. 181, September 18, 2013, at Page 57408. Location:
Washington Hilton Hotel, Room Columbia 5-12, 1919 Connecticut Ave., NW.
8:45 - 11:30 AM. The
American Enterprise Institute (AEI) will host an event titled "Innovators
versus litigators: Chairman Bob Goodlatte on the need for patent reform".
Rep. Bob Goodlatte (R-VA), Chairman of the House Judiciary Committee (HCC),
will speak at 9:00 AM. The other speakers will include Jeffrey Eisenach,
Michael Beckerman (Internet Association), Jim Bessen (Boston University School
of Law), Kevin Rhodes (3M), and Claude Barfield (AEI). See,
notice. Location: AEI, 12th floor, 1150 17th St., NW.
9:00 AM. The
House Commerce Committee (HCC) will
hold a hearing titled "PPACA Implementation Failures: Didn't Know or Didn't
Disclose?". See also, story titled "Republicans Query DHHS Regarding IT
Failures in ObamaCare's FFM" in TLJ Daily E-Mail Alert No. 2.613, October 17,
2013. The witnesses will be __. Webcast. See,
notice. Location: Room 2123, Rayburn Building.
9:00 AM. The
House Homeland Security Committee (HHSC) will meet to mark up several bills,
including HR 3107
[LOC |
WW], the
"Homeland Security Cybersecurity Boots on the Ground Act", and
HR 2952 [LOC
| WW], the
"Critical Infrastructure Research and Development Advancement Act of
2013". Webcast. See,
notice. Location: Room 311, Rayburn Building.
9:30 AM - 5:15 PM. The DC Bar
Association will host an event titled "IP Basic Training: Patents,
Trademarks, and Copyrights". The first part at 9:30 - 11:45 AM is titled
"Patent Basics". The second part at 12:30 - 2:45 PM is titled "Trademark
Basics". The third part at 3:00 - 5:15 PM is titled "Copyright Basics".
One can register for all or parts of this event. The speakers will be
Patrick Coyne (Finnegan Henderson),
Joanne Ludovici (McDermott Will
& Emery), and
Laura Possessky
(Gura & Possessky). Prices vary. CLE credits. No webcast. For more information,
call 202-626-3488. The DC Bar has a history of barring reporters from its events. See,
notice. Location: DC Bar Conference Center, 1101 K St., NW.
10:00 AM. The
House Intelligence Committee
(HIC) will hold a hearing titled "NSA Programs". The witnesses will be
__. See, notice.
Location: Room 2167, Rayburn Building.
11:45 AM - 2:15 PM. The Free
State Foundation (FSF) will host an event titled "A New FCC or the Same
Old, Same Old?". The speakers will include James Assey
(NCTA), William Kovacic (George Washington
University law school), Robert Quinn (AT&T),
James Speta
(Northwestern University law school) and Randolph May (FSF). Lunch will be served. Free.
See, notice. Location: National Press Club, 529 14th St., NW.
12:30 - 4:30 PM. The The
Center for Strategic and International Studies (CSIS)
will host an event titled "Abenomics: Still on Target?". The speakers
will include Kenichiro Sasae (Ambassador of Japan to the United States). The other
speakers will include Matthew Goodman (CSIS), Jun Saito (Special Advisor,
Cabinet Office of Japan), Akinari Horii (Canon Institute for Global Studies),
Arthur Alexander (Georgetown University), Robert Dohner (Deputy Assistant
Secretary for Asia, Department of the Treasury), Kanji Yamanouchi (Minister
for Economic Affairs, Embassy of Japan),
Michael Green (CSIS), Kazuhito Yamashita (Canon Institute for Global Studies),
Richard Katz (The Oriental Economist Report), Laurence Bates (American Chamber
of Commerce in Japan), and Matthew Goodman (CSIS).See,
notice. Location:
CSIS, 9th Floor Board Room, 1616 Rhode Island Ave., NW.
1:00 - 2:00 PM ET. (12:00 NOON - 1:00 PM CT.) The
American Bar Association (ABA) will host an
on site and teleconferenced panel discussion titled "Advertising, Consumer
Protection, & Privacy Law: An Emerging Practice with Exciting Career
Opportunities". The speakers will be Jenna Johnston (Tyson Foods), and
Leon Bechet, Rebecca Davis, Bob Newell, and Dan Rice (all of Wal-Mart Stores). Free.
No CLE credits. See,
notice. Location: Ball Courtroom, Waterman Hall, University of Arkansas School
of Law, Fayetteville, Arkansas.
2:00 PM. The
House Commerce Committee's (HCC)
Subcommittee on Commerce, Manufacturing and Trade will hold a hearing titled "The
FTC at 100: Where Do We Go From Here". The witnesses will be __.
Webcast. See,
notice.
Location: Room 2123, Rayburn Building.
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Friday, October 25 |
8:30 AM - 1:00 PM. Day two of a two day event hosted by the Department
of Homeland Security's (DHS) Customs and Border
Protection (CBP) titled "CBP 2013 East Coast Trade Symposium".
See, notice
in the Federal Register, Vol. 78, No. 181, September 18, 2013, at Page 57408. Location:
Washington Hilton Hotel, Room Columbia 5-12, 1919 Connecticut Ave., NW.
8:30 - 10:30 AM. The
Technology Policy Institute
(TPI) will host an event titled "Patent Reform 2.0: Will Proposed Reforms
Address the Patent Troll Problems?". The speakers will include
Peter Detkin (Intellectual Ventures),
John Duffy
(University of Virginia School of Law), Matt Levy (Computer and Communications Industry
Association), Tom Lenard (TPI), and __. Breakfast will be served. See,
notice
and registration
page. Location: City Club, 555 13th St., NW.
12:00 NOON - 1:00 PM. The Net Caucus will host
a panel discussion titled "The NSA Internet Surveillance System: Who Has
Oversight and How Transparent is the Program?". The speakers will be __. Free.
Open to the public. Box lunches will be served. See, notice. Location: Room 2226,
Rayburn Building.
1:00 - 2:30 PM. The American
Bar Association (ABA) will host a webcast panel discussion titled "Am I
Competent? The Ethical Use of Evolving Technologies". The speakers will
address acting competently when using new technologies, such as social media,
smartphones and cloud computing services. The speakers will be Daniel Crothers
(Justice of the Supreme Court of North Dakota), Andrew Perlman (Suffolk Law School),
and Ellyn Rosen (ABA). Prices vary. CLE credits. See,
notice.
1:00 - 2:30 PM. The American
Bar Association (ABA) will host a webcast panel discussion titled "IP
for Non-IP Attorneys: Highlights from the IP Deskbook for Business Lawyers".
The speakers will be Jonathan Rubens (Javid Rubens) and Sharon Sandeen (Hamline
University School of Law). Prices vary. CLE credits. See,
notice.
11:59 PM. Deadline to submit comments to the Privacy and Civil
Liberties Oversight Board (PCLOB) in connection with its October 4, 2013 hearing
regarding surveillance programs conducted pursuant Section 215 of the USA
PATRIOT Act and Section 702 of Foreign Intelligence Surveillance Act (FISA). For
more information, contact Susan Reingold at 202-331-1986 or info at pclob dot gov. See,
notice in
the Federal Register, Vol. 78, No. 179, September 16, 2013, at Pages 56951-56952. See also,
story titled "PCLOB Schedules Hearing and Comments Deadline Regarding Sections 215 and
702 Surveillance" in TLJ
Daily E-Mail Alert No. 2,601, September 16, 2013.
EXTENDED FROM OCTOBER 11. Extended deadline to submit comments
to the Office of the U.S. Trade Representative (OUSTR)
to assist it in preparing a report on the internet and physical notorious markets
that exist outside the US and that may be included in the OUSTR's 2013 Notorious Markets
List. See,
notice in the Federal Register, Vol. 78, No. 183, September 20, 2013, at Pages
57924-57925, and story titled "USTR Seeks Comments on Notorious Foreign
Markets" in TLJ Daily E-Mail Alert No. 2,606, September 27, 2013. See also,
September 23
release which extends the deadline to October 25,
and extension
notice in the FR, Vol. 78, No. 190, October 1, 2013, at Page 60367. The docket number
is USTR-2013-0030.
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