4/21. The Supreme Court will hear oral argument on Tuesday, April 22 in ABC v. Aereo, a case involving copyright and entertainment video programming. At issue is whether a company publicly performs, within the meaning of 17 U.S.C. § 106 and 17 U.S.C. § 101, a copyrighted television program when it retransmits a broadcast of that program to paid subscribers. The reasoning of Supreme Court could also impact cloud computing.

The U.S. Court of Appeals (2ndCir) ruled 2-1 in its April 1, 2013 opinion that Aereo's service is not a public performance within the meaning of the Copyright Act, and hence, does not infringe the exclusive rights of broadcasters. See, story titled "2nd Circuit Affirms in Aereo Copyright Cases" in TLJ Daily E-Mail Alert No. 2,544, April 2, 2013. See also, Sup. Ct. No. 13-461.

Key to the opinions of both the District Court and the Court of Appeals was the fact that Aereo's service retransmits using a large number of antennas.

ABC and the other petitioners produce, market, distribute, and broadcast television programming. They own copyrights in much of this. Aereo, the respondent, provides a service to consumers for a monthly fee that enables them to watch television programs, including those in which the petitioners hold copyrights. Aereo does not have petitioners' authorization or license.

Aereo's system is engineered to facilitate the assertion that it is not providing a public performance. Its system relies upon a multitude of individual antennas, each about the size of a dime, arranged on large antenna boards. When a paying subscriber selects a television program, a centralized server temporarily assigns one of the individual antennas to that user and tunes the assigned antenna to the appropriate channel.

Section 106 sets forth the exclusive rights of copyright. Subsection 106(4) provides that a copyright owner has the exclusive right "to perform the copyrighted work publicly".

Section 101's relevant definitions, which were added by the Copyright Act of 1976, before development of the IT based technologies at issue in this and other recent cases, provides that the term "perform" means "to recite, render, play, dance, or act it, either directly or by means of any device or process".

Also, the term "publicly" means to "to perform ... it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of family and its social acquaintances is gathered" or "to transmit or otherwise communicate a performance ... of the work to a place" specified by the previous clause, "or to the pubic, by means of any device or process, whether the members of the public capable of receiving the performance ... receive it in the same place or in separate places and at the same time or at different times".

Arguments for Reversing the Court of Appeals. ABC and the other petitioners argued in their brief that the Court of Appeals incorrectly applied the Copyright Act to Aereo's service, and it should be reversed.

They wrote that "Aereo has built a business out of retransmitting broadcast television to members of the public without seeking authorization from or paying compensation to copyright holders. That is precisely the kind of unauthorized exploitation of copyrighted content that Congress enacted the transmit clause to prevent. Indeed, Aereo derives its competitive advantage in large part from the fact that its competitors pay for the rights to retransmit ``live TV´´ to the public -- as they must to avoid liability for copyright infringement -- while Aereo does not."

"But nothing about Aereo’s convoluted scheme of miniature antennas and gratuitous copies exempts its commercial retransmission service from the same rules that govern all others. Aereo's unauthorized retransmission of broadcast television to the public is obvious and unambiguous copyright infringement. Both the transmit clause and common sense foreclose any other conclusion."

The Office of the Solicitor General (OSG) has sided with the broadcasters. It wrote in its amicus brief that under the Copyright Act, "a company that retransmits copyrighted broadcast television programs must obtain a license". It continued that Aereo's "unauthorized Internet retransmissions violate these statutory requirements and infringe petitioners’ public-performance rights under 17 U.S.C. 106(4)."

The OSG added that "a decision rejecting respondent’s infringing business model and reversing the judgment below need not call into question the legitimacy of innovative technologies that allow consumers to use the Internet to store, hear, and view their own lawfully acquired copies of copyrighted works."

The National Association of Broadcasters (NAB) wrote in its amicus brief in support of the petitioners that "Quality broadcast television, delivered for free over the air by local stations, is a public good, as Congress has long recognized. But free over-the-air television is not cost-free and cannot be taken for granted. Aereo seeks to subvert a carefully constructed legal framework with a technological gimmick."

The NAB argued that "If the Court were to hold that Aereo's deliberately wasteful and inefficient system can successfully circumvent the plain meaning and purpose of the Copyright Act, it would strike a serious blow to the institution of free and innovative broadcast television. The Court should instead hold that Aereo's claimed loophole in the law does not exist."

The American Intellectual Property Law Association (AIPLA) filed an amicus brief in support of petitioners.

Arguments for Affirming the Court of Appeals. Aereo argued in its brief that the Court of Appeals correctly applied the Copyright Act, and it should be affirmed.

One source of opposition to the broadcasters' position is providers and proponents of cloud computing. An entertainment service may involve transmissions from a computer network to individual users via individual antennas. Cloud computing too involves transmissions from a computer network to users via the internet. Aggregating Aereo's transmissions to find a public performance would impose copyright liability upon Aereo. Analogous aggregation of transmissions of copyrighted works might similarly impose copyright liability upon cloud service providers. Hence, cloud service providers are concerned with this case.

The Computer and Communications Industry Association (CCIA) wrote in its amicus brief that "Adoption of petitioners' position would threaten one of the most important emerging industries in the U.S. economy: cloud computing. Cloud computing -- ubiquitous, on-demand network access to shared computing resources -- offers benefits for businesses and consumers."

The CCIA added that "The dramatic expansion of the cloud computing sector, bringing with it real benefits previously imagined only in science fiction, depends upon an interpretation of the Copyright Act that allows adequate breathing room for transmissions of content."

The BSA Software Alliance (which previously used the name Business Software Alliance), while stating that its amicus brief is in support of neither side, also wrote that the Court's opinion could adversely impact cloud computing. It wrote that "adopting petitioners' argument would impose substantial burdens on cloud computing".

A collection of groups (including the Center for Democracy and Technology, CTIA Wireless Association, US Telecom, and others) also submitted a amicus brief in support of neither party that addresses cloud computing. They urge the Supreme Court not to take an approach that would harm cloud computing.

The American Cable Association (ACA), which represents small and medium sized cable operators that provide video, broadband internet and phone services, raised a different issue -- retransmission consent.

It wrote in its amicus brief that the Court of Appeals should be affirmed. It argued that "the exclusive right to perform a work publicly does not encompass a right to limit who can be in the audience, or to veto technologies used to gain reception of the licensed performance."

It reasoned that "Even though free, over-the-air broadcasts are a viable alternative to cable television, ACA members welcome the development of new technologies that allow their customers to have better reception of free over-the-air local television broadcasts, thereby creating a modest safety-valve against what smaller cable companies consider to be unfair and oppressive retransmission consent rates extracted by threat of blackouts that would leave customers with a “dark” channel unless untoward price demands are met."

The Consumers Union and Consumer Federation of America wrote in their amicus brief that "The public policy of the United States copyright regime strongly favors protecting consumer sovereignty and consumer choice. Aereo's technology empowers consumers with an individual remotely located antenna and digital video recorder (DVR) accessible over the Internet. It is a cloud-computing tool that allows consumers to access and record free over-the-air (OTA) television broadcasts and enables time- and place-shifting of broadcast programming."

4/17. The People's Republic of China's (PRC) Ministry of Commerce, also known as MOFCOM, issued a release regarding intellectual property rights (IPR). It states that "the General Office of the State Council printed and issued the National Work Planning of Cracking down on IPR Infringement and Counterfeit and Shoddy Goods in 2014". This release states that this plan will "Strike illegal conductions including publishing false and illegal advertisements and selling counterfeit and shoddy goods through internet, as well as infringement and pirate; ban according to the law illegal audio-visual program websites, strengthen the improvement and rectification of illegal goods trade on the internet, and intensify the supervision over operations including network access, domain name registration, and information services; carry out special action on cracking down counterfeit and shoddy naphtha and diesel oil; reinforce commercial secret protection, and judge and publicize typical cases of infringing commercial secret according to the law."

4/17. The Public Knowledge (PK) released a paper titled "A Five Part Plan For Patent Reform".

4/10. Major record companies (Warner Music Group, UMG Recordings, Sony Music Entertainment and Capitol Records) filed a complaint in the U.S. District Court (EDVa) against Megaupload Limited, Vestor Limited, Kim Dotcom, Mathias Ortmann, and Bram Van Der Kolk alleging copyright infringement.

4/4. The Copyright Office (CO) extended the deadline for submitting comments regarding "Orphan Works and Mass Digitization". The old deadline was April 14, 2014. See, original notice in the Federal Register (FR), Vol. 79, No. 27, February 10, 2014, at Pages 7706-7711. The new deadline is May 21. See, extension notice in the FR, Vol. 79, No. 65, April 4, 2014, at Page 18932.

3/5. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register (FR) that announces, describes, recites, and sets the effective date of, its rules changes to permit delayed submission of certain requirements for prioritized examination. The effective date is March 5, 2014. See, FR, Vol. 79, No. 43, March 5, 2014, at Pages 12386-12390.

3/5. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register (FR) that announces, describes, recites, and sets the effective date of, its rules changes pertaining to continued prosecution applications to permit the filing of a continued prosecution application even if the prior nonprovisional application does not contain the inventor's oath or declaration. The effective date is March 5, 2014. See, FR, Vol. 79, No. 43, March 5, 2014, at Pages 12384-12386.

4/21. There are six nominees for federal appeals courts who have been approved by the Senate Judiciary Committee, (SJC) and are on the Executive Calendar of the full Senate: Michelle Friedland (9thCir), Nancy Moritz (10thCir), David Barron (1stCir), Robin Rosenbaum (11thCir), Gregg Costa (5thCir), and Cheryl Krause (3rdCir). Friedland is scheduled for consideration when the Senate returns from recess on Monday, April 28, 2014.

4/10. The Senate Judiciary Committee (SJC) approved the nomination of Michelle Friedland to be a Judge of the U.S. Court of Appeals (9thCir). See also, story titled "Obama Nominates Pharmaceutical Attorney for 9th Circuit" in TLJ Daily E-Mail Alert No. 2,587, August 6, 2013.

4/3. The Senate Judiciary Committee (SJC) approved the nomination of Cheryl Krause to be a Judge of the U.S. Court of Appeals (3rdCir). She is a white collar criminal defense attorney in the Philadelphia, Pennsylvania office of the law firm of Dechert.

3/31. The Senate confirmed John Owens to be a Judge of the U.S. Court of Appeals (9thCir) by a vote of 56-43. See, Roll Call No. 91. All of the no votes were cast by Republicans. Sen. Saxbe Chambliss (R-GA), Sen. Johnny Isakson (R-GA), and 54 Democrats voted yes.

3/27. The Senate Judiciary Committee (SJC) approved the nomination Gregg Costa to be a Judge of the U.S. Court of Appeals (5thCir). The Senate confirmed him for the U.S. District Court (SDTex) on April 26, 2012 by a vote of 97-2. See, Roll Call No. 83 (112th Congress, Session 2).

3/12. The Senate confirmed Carolyn McHugh to be a Judge of the U.S. Court of Appeals (10thCir).

4/21. There are 25 nominees for U.S. District Courts who have been approved by the Senate Judiciary Committee, (SJC) and are on the Executive Calendar of the full Senate: Sheryl Lipman (WDTenn), Stanley Bastian (EDWash), Manish Shah (NDIll), Daniel Crabtree (DKan), Cynthia Bashant (SDCal), Jon Levy (DMaine), Theodore Chuang (DMd), George Hazel (DMd), Indira Talwani (DMass), James Peterson (WDWisc), Nancy Rosenstengel (SDIll), Steven Logan (DAriz), John Tuchi (DAriz), Diane Humetewa (DAriz), Rosemary Marquez (DAriz), Douglas Rayes (DAriz), James Soto (DAriz), Mark Mastroianni (DMass), Bruce Hendricks (DSCar), Tanya Chutkan (DC), Hannah Lauck (EDVa), Leo Sorokin (DMass), Richard Boulware (DNev), Salvador Mendoza (EDWash), and Staci Yandell (SDIll).

4/11. The Senate Judiciary Committee (SJC) approved the nominations of Stanley Bastian (EDWash), Manish Shah (NDIll), Daniel Crabtree (DKan), Cynthia Bashant (SDCal), and Jon Levy (DMaine).

4/3. The Senate Judiciary Committee (SJC) approved the nominations of Randolph Moss (DC), Andre Briotte (CDCal), Richard Boulware (DNev), Salvador Mendoza (EDWash), and Staci Yandell (SDIll).

4/3. President Obama nominated Randolph Moss to be a Judge of the U.S. District Court (DC). See, White House news office release and release. He is an appellate litigator at the law firm of Wilmer Hale. He was Assistant Attorney General in charge of the DOJ's Office of Legal Counsel (OLC) late in the Clinton administration.

4/3. President Obama nominated André Birotte to be a Judge of the U.S. District Court (CDCal). See, White House news office release and release. He is the U.S. Attorney for the Central District of California.

4/1. The Senate Judiciary Committee (SJC) approved the nominations of Beth Bloom (SDFl), Carlos Mendoza (MDFl), Darrin Gayles (SDFl), Paul Byron (MDFl).

3/26. The Senate confirmed Christopher Cooper to be a Judge of the U.S. District Court (DC) by a vote of 100-0. See, Roll Call No. 84.

3/26. The Senate confirmed Edward Smith to be a Judge of the U.S. District Court (EDPenn) by a vote of 69-31. See, Roll Call No. 87.

3/26. The Senate confirmed Gerald McHugh to be a Judge of the U.S. District Court (EDPenn) by a vote of 59-41. See, Roll Call No. 86.

3/26. The Senate confirmed Douglas Harpool to be a Judge of the U.S. District Court for the Western District of Missouri by a vote of 93-5. See, Roll Call No. 85.

3/12. The Senate confirmed Matthew Leitman, Judith Levy, Laurie Michelson and Linda Parker to be Judges of the U.S. District Court (EDMich).

3/5. The Senate confirmed Timothy Brooks to be a Judge of the U.S. District Court (WDArk).

3/5. The Senate confirmed Pedro Delgado Hernandez to be a Judge of the U.S. District Court (DPR).

3/5. The Senate confirmed Pamela Reeves to be a Judge of the U.S. District Court (EDTenn).

3/5. The Senate confirmed Vince Chhabria to be a Judge of the U.S. District Court (NDCal). See, story titled "Obama Nominates San Francisco City Attorney for Northern District of California" in TLJ Daily E-Mail Alert No. 2,587, August 6, 2013.

4/21. The National Science Foundation (NSF) published a notice in the Federal Register (FR) requesting nominations for membership on its various advisory committees, including its Advisory Committee for Computer and Information Science and Engineering and its Advisory Committee for Cyberinfrastructure. See, FR, Vol. 79, No. 76, April 21, 2014, at Pages 22166-22167.

4/10. The Senate Judiciary Committee (SJC) approved the nominations of Thomas Halkowski, Lydia Griggsby, and Nancy Firestone to be Judges of the U.S. Court of Federal Claims for terms of 15 years.

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The House will not meet the week of April 21-25. It will next meet at 2:00 PM on Monday, April 28. See, 2014 House calendar, and SConRes 35.

The Senate will not meet the week of April 21-25. It will next meet at 2:00 PM on Monday, April 28. See, SConRes 35.

Day one of a two day partially closed event hosted by the National Defense Industrial Association (NDIA) titled "Cyber Division Forum". The NDIA states that Monday afternoon session will address "Advanced Persistent Threat", and that it is "classified Secret -- U.S. Only". See, notice. Location: Lockheed Martin's Global Vision Center, 2121 Crystal Drive, Arlington, VA.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "You Mean HIPAA Applies to Lawyers? Keeping Data Safe, Clients Happy and Your License Secure". The speakers will be John Christiansen (Christiansen IT Law), Shannon Salimone (Holland & Knight), Lee Kim (Healthcare Information and Management Systems Society), and Clinton Mikel (Health Law Partners). Prices vary. CLE credits. See, notice.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) requesting public comments to assist it in preparing its 16th report on the status of competition in the market for the delivery of video programming. This NOI is FCC 14-8 in MB Docket No. 14-16. The FCC adopted this NOI on January 30, 2014, and released the text on January 31, 2014. See also, notice in the Federal Register, Vol. 79, No. 29, February 12, 2014, at Pages 8452-8457.

Deadline to submit nominations for membership on the Internal Revenue Service's (IRS) Electronic Tax Administration Advisory Committee (ETAAC). See, notice in the Federal Register, Vol. 79, No. 41, March 3, 2014, at Page 11877.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding expansion of its e-rate tax and subsidy program. This PN is DA 14-308 in WC Docket No. 13-184. The FCC's Wireline Competition Bureau (WCB) released it on March 6, 2014. This 23 page PN, which is in the nature of a Further Notice of Proposed Rulemaking (FNPRM), seeks further comments in its proceeding initiated by the FCC's 2013 NPRM. That NPRM is FCC 13-100. See, notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13599-13607.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding the proposed guidelines [56 pages in PDF] submitted pursuant to the safe harbor provision of the Children's Online Privacy Protection Act (COPPA), and FTC rules thereunder, by the Internet Keep Safe Coalition, which is also named iKeepSafe. See, FTC notice in the Federal Register, Vol. 79, No. 53, March 19, 2014, at Pages 15271-15272. See also, FTC notice in its web site. See also, story titled "FTC Seeks Comments on Proposed COPPA Safe Harbor" in TLJ Daily E-Mail Alert No. 2,634, March 19, 2014.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-157 [29 pages in PDF] titled "Guidelines for Derived Personal Identity Verification (PIV) Credentials".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR 7981 [14 pages in PDF] titled "Mobile, PIV, and Authentication".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding Widelity Inc.'s report regarding the post-incentive auction transition. This PN is DA 14-389 in GN Docket No. 12-268. The FCC released it on March 20, 2014. See also, notice in the Federal Register, Vol. 79, No. 61, March 31, 2014, at Pages 18026-18027.

Passover ends at sundown.

Day two of a two day partially closed event hosted by the National Defense Industrial Association (NDIA) titled "Cyber Division Forum". The DHS states that Jay Holcomb (DHS's NPPD's Office of Cybersecurity and Communications) will speak at 3:15 PM on a panel titled "DHS Enhanced Cyber Services Program Overview". The NDIA agenda places this panel at 10:00 AM. The NDIA agenda also lists a panel at 2:15 PM titled "Carrier/ISP Perspective". The NDIA states that the entire Tuesday session is "Unclassified -- U.S. Citizens Only". See, notice. Location: Lockheed Martin's Global Vision Center, 2121 Crystal Drive, Arlington, VA.

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Sensors and Instrumentation Technical Advisory Committee (SITAC) will hold a partially closed meeting. No webcast. See, notice in the Federal Register, Vol. 79, No. 66, April 7, 2014, at Page 19051. Location: Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

11:00 AM. The Supreme Court will hear oral argument in ABC v. Aereo, Sup. Ct. No. 13-461, an appeal from the U.S. Court of Appeals (2ndCir) in a case involving whether a company publicly performs, within the meaning of 17 U.S.C. § 106 and 17 U.S.C. § 101, a copyrighted television program when it retransmits a broadcast of that program to paid subscribers over the internet. See, April 1, 2013 opinion of the Court of Appeals, and story titled "2nd Circuit Affirms in Aereo Copyright Cases" in TLJ Daily E-Mail Alert No. 2,544, April 2, 2013. Location: 1 First St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Pro Bono IP Litigation Across Borders". The speakers will be John Bisbikis (Mc Dermott Will & Emery), Julianne Hartzell (Marshall Gerstein & Borun), David Higer (Kirkland & Ellis), Elmo Shropshire, and Marci Rolnik. Prices vary. CLE credits. See, notice.

1:00 - 4:00 PM. The Federal Communications Commission (FCC) will host a webcast and telecast event titled "Webinar for State and Local Governments". There will be presentations titled "Modernizing the E-rate Program", "IP Transition Update", "Open Internet Rules", "Wireless Infrastructure Issues", "Facilities Siting Rulemaking", "Positive Train Control Historic Preservation Review", "FCC Speed Test App -- Measuring Broadband America", "Next Generation 911", and "Closed Captioning". For the telecast, call 1-888-858-2144. The Access Code is 8926297. See, notice.

8:30 AM - 2:00 PM. The U.S. Chamber of Commerce's (USCC) Global Intellectual Property Center (GIPC) will host an event titled "2nd Annual IP Champions Conference". The speakers will include Rep. Doug Collins (R-GA), David Hirschmann (head of the GIPC), Mark Crowell (University of Virginia), Anastasia Danias (National Football League), Alun Jones (United Nations Office of Drugs and Crime), David Lowery (University of Georgia), and Miriam Vogel (Department of Justice). Lev Kubiak (Director of the DHS ICE Intellectual Property Rights Center) will participate on a panel titled "recent successes in Information Protection theft enforcement". Location: USCC, 1615 H St., NW.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The April 23 session is open to the public. No webcast. See, notice in the Federal Register, Vol. 79, No. 66, April 7, 2014, at Pages 19051-19052. Location: Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "Open Meeting". The agenda includes a huge universal service item and an NPRM regarding spectrum sharing in the 3550-3650 MHz band. Webcast. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

11:00 AM. The Federal Election Commission (FEC) will meet to consider two advisory opinions regarding application of the federal election campaign finance regulatory regime to Bitcoins. See, Draft A and Draft B. See also, notice in the Federal Register, Vol. 79, No. 76, April 21, 2014, Page 22132, and FEC's meeting agenda. And see, story titled "FEC to Consider Bitcoin Advisory Opinions" in TLJ Daily E-Mail Alert No. 2,642, April 18, 2014. Location: FEC, 999 E St., NW.

1:45 - 3:45 PM. The Copyright Office (CO) will host an event titled "Movies: A Global Passion". The speakers will be Francis Gurry (Director General of WIPO), Matthew Harrison (director), Robert Newman (actor), and Mike Mashon (Library of Congress). Free. No webcast. See, notice. Location: Coolidge Auditorium, Library of Congress, Jefferson Building, 10 First St., SE.

2:30 - 3:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Privacy Roundtable". The topic will be recent California privacy legislation. The speakers will be Aryeh Friedman (Dun & Bradstreet) and Joanne McNabb (California Office of the Attorney General). Prices vary. No CLE credits. No reporters. See, notice.

5:30 - 7:00 PM. The Institute for Policy Innovation (IPI) will host a reception in advance of its April 24 event titled "9th Annual World Intellectual Property Day Forum". The speaker will be Francis Gurry, Director General of the World Intellectual Property Organization (WIPO). Free. Open to the public. See, notice. Location: Room 121, Cannon Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding extension of the freeze of jurisdictional separations category relationships and cost allocation factors for three years, through June 30, 2017. The FCC adopted this FNPRM on March 26, 2014, and released it on March 27. It is FCC 14-27 in CC Docket No. 80-286. See, notice in the Federal Register, Vol. 79, No. 63, April 2, 2014, at Pages 18498-18503.

Deadline to submit requests to make presentations at President's Council of Advisors on Science and Technology's (PCAST) April 30 public conference call on the PCAST's big data and privacy report. See, notice in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.

8:00 AM - 4:15 PM. Informatica Corporation will host an event titled "2014 Informatica Government Summit". At 8:35 AM Mark Weatherford (Chertoff Group) will give a speech titled "Competing Priorities? Cloud Computing, Big Data, and Cyber Security. At 3:15 PM there will be a panel titled "Government Panel Presentation: Data Management Best Practices". The speakers will include Ann DiCamillo (DHS NPPD Office of Cybersecurity and Communications). See, notice. Location: Greater Washington Society of Association Executives Suite, Ronald Reagan Building, 1300 Pennsylvania Ave., NW.

8:15 AM - 1:00 PM. The Federal Communications Bar Association (FCBA) and the American Bankruptcy Institute (ABI) will host an event titled "FCC Bankruptcy Mini Conference: The Intersection of the FCC and Bankruptcy Law". The price to attend is $125. CLE credits. See, notice. (The ABI is holding its annual meeting on April 24-27.) Location: JW Marriot, 1331 Pennsylvania Ave., NW.

9:00 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The April 24 session is closed the public, and its agenda is secret. No webcast. See, notice in the Federal Register, Vol. 79, No. 66, April 7, 2014, at Pages 19051-19052. Location: Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:00 AM - 1:00 PM. The Institute for Policy Innovation (IPI) will host an event titled "9th Annual World Intellectual Property Day Forum". The speakers will include Geoffrey Manne (International Center for Law and Economics), Sandra Aistars (Copyright Alliance), Grant Aldonas (Center for Strategic & International Studies), Joe Damond (Biotech Industry Organization), Dana Colarulli (USPTO), and Stevan Mitchell (Globalview Strategies). Free. Open to the public. Lunch wil be served. See, notice. Location: Reserve Officers Association, One Constitution Ave., NE.

9:00 AM - 12:30 PM. The Brookings Institution (BI) will host an event titled "How China's Youth are Transforming Chinese Society: New Research Findings from the PRC". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

9:30 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONC/HIT) HIT Standards Committee will meet. See, notice in the Federal Register, Vol. 78, No. 243, December 18, 2013, at Page 76627-76628.

2:00 - 3:30 PM. The Heritage Foundation (HF) will host a panel discussion titled "Protecting American Interests in the South China Sea". The speakers will be Ely Ratner (Center for a New American Security), Steven Groves (HF), Dean Cheng (HF), Jonathan Odom (U.S. Navy), and Walter Lohman (HF). Free. Open to the public. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Lindsey Tonsager at ltonsager at cov dot com or Justin Faulb at jfaulb at nab dot org. Location: Co Co Sala, 929 F St., NW.

Supreme Court conference day. See, October Term 2013 calendar.

9:00 AM - 1:15 PM. The U.S. China Economic Security and Review Commission (USCESRC) will hold a hearing. This is one of a series of hearings to assist the USCESRC in preparing its 2014 report to the Congress. This hearing is titled "U.S.-China Clean Energy Cooperation: Status, Challenges, and Opportunities". See, notice in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21516-21517. Location: Room 608, Dirksen Building.

9:00 AM - 5:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 222, Inmarsat AMS(R)S, will meet. See, notice in the Federal Register, Vol. 79, No. 68, April 9, 2014, at Page 19706. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM - 3:00 PM. The Department of Health and Human Services (DHHS) will host an event titled "Meeting for Software Developers on the Common Formats for Patient Safety Data Collection and Event Reporting". See, original notice in the Federal Register (FR), Vol. 79, No. 15, January 23, 2014, at Pages 3815-3816, and update notice in the FR, Vol. 79, No. 67, April 8, 2014, at Pages 19335-19336. Location: Eisenberg Conference Center, DHHS Agency for Healthcare Research and Quality, 540 Gaither Road, Rockville, MD.

10:30 AM - 12:00 NOON. The Heritage Foundation (HF) will host a panel discussion titled "U.S.-Japan Cooperation in Southeast Asia". The speakers will be Shigeo Yamada (Embassy of Japan), Satu Limaye (East-West Center in Washington), Yuki Tatsumi (Stimson Center), and Walter Lohman (HF). Free. Open to the public. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

12:00 NOON - 1:15 PM. The Internet Caucus will host a panel discussion titled "Revising The Electronic Communications Privacy Act (ECPA): Should Congress Require a Warrant?". The speakers will include James Dempsey ( Privacy and Civil Liberties Oversight Board, and Center for Democracy & Technology), Richard Downing (DOJ's Computer Crime and Intellectual Property Section), and Katie McAuliffe (Americans for Tax Reform). Box lunches will be served. Location: Room 2226, Rayburn Building.

1:00 - 2:30 PM. The American Bar Association's (ABA) Section of Intellectual Property Law will host a webcast panel discussion titled "What's the Use? A Comparative View of Trademark Use Requirements". The speakers will be Sharra Brockman, Matthew Hintz (Servilla Whitney), Chrissie Scelsi (Scelsi Entertainment and New Media Law), David Postolski (Day Pitney), and Krystle Brown (RKO Pictures). Prices vary. CLE credits. See, notice.

Deadline to submit requests to speak at the U.S. Patent and Trademark Office's (USPTO) May 9, 2014 hearing on its memorandum titled "Guidance For Determining Subject Matter Eligibility of Claims Reciting or Involving Laws of Nature, Natural Phenomena, and Natural Products (Laws of Nature/Natural Products Guidance)'', released on March 4, 2014. See, notice in the Federal Register, Vol. 79, No. 74, April 17, 2014, at Pages 21736-21738. See also, story titled "USPTO to Hold Hearing on Subject Matter Eligibility of Claims Reciting Laws of Nature" in TLJ Daily E-Mail Alert No. 2,640, April 16, 2014.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) in response to its Public Notice (PN) regarding the FCC's attributable material relationship rule. This PN is DA 14-414 in GN Docket Nos. 12-268 and 13-185 and WT Docket No. 05-211. The FCC released it on March 27, 2014. See also, notice in the Federal Register, Vol. 79, No. 71, April 14, 2014, at Pages 20854-20855.

World Intellectual Property Day. See, World Intellectual Property Organization's (WIPO) notice.

The House will meet the week of April 28-May 2. The House will meet at 2:00 PM. See, 2014 House calendar, and SConRes 35.

10:00 AM. The Supreme Court will hear oral argument in Nautilus v. Biosig Instruments, Sup. Ct. No. 13-369, an appeal from the U.S. Court of Appeals (FedCir) . The questions presented are "Does the Federal Circuit's acceptance of ambiguous patent claims with multiple reasonable interpretations -- so long as the ambiguity is not ``insoluble´´ by a court -- defeat the statutory requirement of particular and distinct patent claiming?" and "Does the presumption of validity dilute the requirement of particular and distinct patent claiming?". See also, April 26, 2013, opinion of the Court of Appeals. Location: 1 First St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee will host a panel discussion titled "Patent Reform Legislation". The speakers may include Alexandra Givens (Senior Counsel, Senate Judiciary Committee), Russ Merbeth (General Counsel, Intellectual Ventures), and Ken Salomon (Thompson Coburn). Free. Bring your own lunch. Location: Wilkinson Barker Knauer, Suite 700, 2300 N St., NW.

Deadline to submit comments to the General Services Administration (GSA) regarding "how to implement" the "recommendations" contained in the GSA and Department of Defense (DOD) document titled "Final Report of the Joint Working Group on Improving Cybersecurity and Resilience Through Acquisition". This document pertains to both cyber security in products and services procured by the federal government, and leverage of the federal government procurement process to regulate private sector cyber security practices. See, notice in the Federal Register, Vol. 79, No. 48, March 12, 2014, Page 14042.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to Part VI(A) of its Further Notice of Proposed Rulemaking (FNPRM) regarding closed captioning of video programming. Part VI(A) pertains to "Responsibilities for Meeting the Closed Captioning Obligations". The FCC adopted this FNPRM on February 20, 2014, and released it on February 24, 2014. It is FCC 14-12 in CG Docket No. 05-231. See, notice in the Federal Register, Vol. 79, No. 59, March 27, 2014, at Pages 17093-17106.

Deadline to submit written comments in advance of the President's Council of Advisors on Science and Technology's (PCAST) April 30 public conference call on the PCAST's big data and privacy report. Although, other written comments will be accepted through April 30. See, notice in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) that requests comments to refresh the record regarding the ability of non-English speakers to access emergency information. This PN is DA 14-336 in EB Docket No. 04-296. The FCC released it on March 11, 2014. See also, notice in the Federal Register, Vol. 79, No. 60, March 28, 2014, at Pages 17490-17493.