5/1. The Senate Judiciary Committee (SJC) held an executive business meeting at which it once again held over consideration of S 1720 [LOC | WW], the "Patent Transparency and Improvements Act of 2013".

Sen. Patrick Leahy (D-VT), Chairman of the SJC, said that "we have settled the vast majority of the issues in there". He predicted that "next week we can actually start marking up a manager's package". He noted that "both the Democrats and R have worked hard". Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, concurred.

See also, stories titled "Patent Legislation Update" in TLJ Daily E-Mail Alert No. 2,637, April 7, 2014, and "Senate Judiciary Committee Members Still Working on Patent Bill" in TLJ Daily E-Mail Alert No. 2,641, April 17, 2014.

5/1. The Senate Finance Committee (SFC) held a hearing titled "President Obama's 2014 Trade Policy Agenda". The witness was Michael Froman, the U.S. Trade Representative.

Sen. Ron Wyden (D-OR), the new Chairman of the SFC, addressed in his opening statement new information technologies and trade, such as barriers to data transfer, theft of data by cyber intrusions, and the People's Republic of China's (PRC) "indigenous innovation" regime to appropriate intellectual property of US companies.

Sen. Wyden (at right) said that the PRC's indigenous innovation regime "is a shake down, plain and simple". He added that the PRC is not adhering the commitments it made upon joining the World Trade Organization (WTO).

Sen. Wyden also called for the OUSTR to conduct trade agreement negotiations in a more public and transparent manner, and asked Froman to make commitments.

Sen. Wyden became Chairman of the SFC following the resignation of former Sen. Max Baucus (D-MT), who is now Ambassador to the PRC.

He said that there is a "new breed of trade challenges spawned over the last generation must be addressed in imaginative new policies and locked into enforceable, ambitious, job-generating trade agreements. They must reflect the need for a free and open Internet, strong labor rights and environmental protections."

Sen. Orrin Hatch (R-UT), the ranking Republican on the SFC, said in his opening statement that the US cannot negotiate high standard trade agreements without renewing trade promotion authority (TPA), and without it President Obama's trade agenda will fail. Yet, the Congress has not enacted legislation giving President Obama TPA, and President Obama is not working for passage.

He also expressed his concern that the US has not filed a complaint against India at the WTO for its failure to protect the intellectual property rights of U.S. companies. He said that the OUSTR "is not doing enough to fight back" against IPR violations in India. He also said that Canada is in violation of both the NAFTA and its WTO obligations.

Sen. Hatch asked Froman why the Obama administration has not brought a single case at the WTO regarding intellectual property rights. Froman did not provide a responsive explanation for not filing IPR related complaints.

Froman (at left) also insisted that the OUSTR is committed to conducting trade agreement negotiations in a transparent manner, and that the Obama administration supports enactment of TPA legislation.

He also discussed ongoing Trans Pacific Partnership Agreement (TPPA) negotiations and the OUSTR's Special 301 report [63 pages in PDF], released on April 30. See, related stories in this issue titled "OUSTR Releases 2014 Special 301 Report" and "OUSTR Special 301 Report Details PRC Failures to Protect IPR".

Sen. Wyden wrote in his opening statement that "Vietnam has a law on its books that calls into question the ability of U.S. businesses to move their data in and out of the country. Governments in China, Brazil and Europe are also considering developing systems that would effectively build digital barriers to trade that nobody could have foreseen a few decades ago."

He also wrote that "advent of unfair policies like indigenous innovation that target American innovators. In the 1990s, India and China had limited technical capacity. Now they are able to use highly technical standards to advantage their domestic firms and extract American companies' intellectual property for their own use -- a shakedown, plain and simple."

Sen. Wyden also praised the OUSTR for its handling of the rare earths complaint against the PRC.

(See, stories titled "PRC Appeals WTO Rare Earths Ruling" in TLJ Daily E-Mail Alert No. 2,641, April 17, 2014,  story titled "WTO Rules Rare Earths Case" in TLJ Daily E-Mail Alert No. 2,639, April 8, 2014, story titled "US, Japan and EU Request WTO DSP for REM Complaint Against PRC" in TLJ Daily E-Mail Alert No. 2,406, July 20, 2012, and stories titled "US, Japan and EU Take Rare Earths Issue to WTO" and "OUSTR Explains Rare Earths Request for Consultations" in TLJ Daily E-Mail Alert No. 2,349, March 14, 2012.)

Froman wrote in his prepared testimony that "the Obama Administration is committed to protecting IP, which is vital to promoting and encouraging innovation and creativity. Millions of American jobs rely on IP, and we will continue to use our trade agenda in 2014 to defend the IP rights of our creators and innovators. Through our trade agreements, including TPP and T-TIP, we will continue to promote strong and balanced IP protection and enforcement and to open markets for IP-intensive goods and services"

He wrote that "Our commitment to advancing these priorities is informed by diverse views of both producers and users of innovative products and services."

He wrote that "We will also continue to support a free and open Internet that encourages the flow of information across the digital world."

He wrote that "counterfeit products oftentimes pose a threat to the health and safety of consumers in the United States and around the world."

He wrote about the 2014 Special 301 report, which the OUSTR released the day before this SFC hearing. He wrote that this report is "a tool through which we identify and resolve IP concerns around the world. Through sustained engagement with our trading partners, we have made great strides in protecting IP rights".

Finally, he wrote that "We are also seeking to advance progress on IP-issues with our trading partners through the WTO Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS)".

Senators discussed, and directed questions to Froman about, issues not related to information or communications technologies. Some raised issues that are not essentially trade matters.

Also, Froman and Senators talked much about opening markets in other countries to U.S. good and services. Froman, for example, said that the goal of the administration is "opening markets for Made-in-America exports". However, few talked about opening U.S. markets to foreign goods and services, how that would benefit U.S. consumers, or how that would enhance the ability of the U.S. to negotiate trade agreements.

Sen. Wyden did write that "Nations don't dismantle protectionist barriers or adopt these rules on their own. They do so with reciprocal agreements hammered out through negotiation."

Similarly, while many identified many specific foreign barriers to U.S. companies, no one named barriers that the U.S. has erected to foreign companies that want to sell things to U.S. consumers.

Currency Issues. Several Democrats said that the TPPA should address currency manipulation. The main target of currency manipulation critics is the PRC. The PRC is not a party to TPPA negotiations.

Sen. Charles Schumer (D-NY) said that he wants the U.S. to make a "strong stand" of "foreign currency manipulation" by the PRC and Japan, including by making it a part of the U.S. position in TPPA negotiations. He added that he will not support a TPPA that does not include "strong currency language".

Froman said that "currency is a critically important issue", but that the Department of the Treasury "takes the lead" on that issue, and it has not been discussed in TPPA negotiations.

Sen. Debbie Stabenow (D-MI) also said that she wants TPPA to address currency. While she conceded that Japan is not intervening in currency markets, she complained that the Dollar Yen exchange rate is harming the U.S. auto industry. She also complained about Japan's non-tariff barriers to U.S. autos.

Sen. Sherrod Brown (D-OH) pushed Froman on insisting on "strong currency provisions" in the TPPA.

See also, story titled "Bernanke Addresses PR China and Global Economy" in TLJ Daily E-Mail Alert No. 2,162, November 22, 2010.

Agricultural Issues. Sen. John Thune (R-ND) urged the President to press the Congress to renew TPA. He also discusses U.S. export of wheat to the PRC, agricultural access to the Japanese market, and the Keystone Pipeline.

Froman said that access to Japan's agricultural market is a part of TPPA negotiations. He added that in the President's visit to Japan last week, "we didn't reach an agreement", but we made "progress", and there is "momentum".

He wrote with more words, but no more clarity, in his prepared testimony that the US and Japan "made significant progress in our bilateral market access discussions. In doing so, we have identified a path forward on agriculture and autos, two of the most challenging areas of our negotiations with Japan. Although work remains to close the gaps, this milestone achievement -- spurred by the President’s direct engagement -- will provide significant momentum to the overall negotiations."

(See also, stories titled "US and Japan Reach No Agreement on TPP" and "TLJ Commentary: TPP and Obama Administration Trade Policy" in TLJ Daily E-Mail Alert No. 2,646, April 24, 2014.)

Sen. Pat Roberts (R-KS) expressed confidence in Sen. Wyden on trade promotion, but expressed concern about Sen. Harry Reid (D-NV). He also said that the geographical indicator (GI) position of the European Union is "ridiculous", and impacts farmers in Kansas.

Sen. Tom Carper (D-DE) noted that other countries are negotiating free trade agreements to which the U.S. is not a party, and asked what impact this would have on the U.S. Froman said that "It does underscore the importance of us being at the table. ... We are going to be left out of the game. ... We need to be at the table."

Sen. Carper also urged Froman to focus on agricultural access, especially for chickens raised in Delaware. He apologized for "squawking" so much, and asked that Delaware farmers be allowed to compete for a "wing" of the chicken market in other countries.

Other Issues. Sen. Robert Menendez (D-NJ) raised the subject of inadequate protection of pharmaceutical patents and India and Canada. Froman said the the U.S. is waiting until after elections in India. He said that the U.S. continues to "engage" Canada on this matter.

Sen. Johnny Isackson (R-GA) said that TPA is important. He also said that the Trade in Services Agreement (TISA) is important to the insurance and finance businesses located in the state of Georgia, and asked about progress in ongoing negotiations. Froman said that "we are making good progress".

Sen. Maria Cantwell (D-WA) said that she wants more transparency in trade agreement negotiations, renewal of TPA, and more trade agreements. She said that "while everyone else is doing deals, we are sitting here."

Sen. Ben Cardin (D-MD) raised the subject of anti-corruption laws, and whether the U.S. might make this a part of TPPA negotiations. He also said that labor, environmental, and governance issues should be part of TPPA.

4/30. The Office of the U.S. Trade Representative (OUSTR) released a report [63 pages in PDF] titled "2014 Special 301 Report". See also, OUSTR release.

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 (IP) 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.

The OUSTR issues these reports annually. It also conducts out of cycle reviews for specific countries. It also issues an annual notorious markets report.

The ten countries on the Priority Watch List are the People's Republic of China (PRC), India, Algeria, Argentina, Chile, Indonesia, Pakistan, Russia, Thailand and Venezuela. There are 26 nations on the Watch List, including Brazil, Canada, Finland, and Mexico. The OUSTR removed Italy and the Philippines from the Watch List.

This report devotes the most attention to the PRC and India.

Victoria Espinel, head of the BSA Software Alliance, stated in a release that "While there have been some positive developments on IPR protection globally, this year's Special 301 report shows unlicensed software use remains a serious concern, particularly in some of the world's fastest-growing markets for IT products and services", and especially "in China and India".

She said that "The heightened focus on India in this year’s report shows underscores the software industry’s concerns with the growth of copyright infringement, weak trade secret protection, and the trend toward discriminatory rules that distort the competitive landscape by favoring local IP and locking out international alternatives."

PRC. This report maintains the PRC on the Special 301 Priority Watch List, and focuses on trade secrets theft, cyber intrusions, compelled transfers of IP (indigenous innovation), counterfeit goods, online piracy, abuse of standards setting processes, abuse of antitrust regulation. See, related story in this issue titled "OUSTR Special 301 Report Details PRC Failures to Protect IPR".

India. The report states that India has a "weak IPR legal framework and enforcement system". It adds that "IP protection and enforcement challenges are growing, and there are serious questions regarding the future of the innovation climate in India across multiple sectors and disciplines". (See, Report, at pages 37-43.)

The report cites movie theater camcorder piracy, online piracy, and lack of copyright enforcement.

The International Intellectual Property Alliance (IIPA) stated in a release that "This year's placement of India on the Priority Watch List with an Out-of-Cycle Review (OCR) highlights the increasing importance of the role of IP in the development of the world’s second most populous country. Indian ingenuity and creativity, from Bollywood to vibrant music, publishing and software businesses, is almost unmatched in the world, but India needs to step up its efforts to ensure IP protection and enforcement in the country supports its own right holders as well as those from abroad."

The IIPA represents copyright focused trade groups -- BSA, ESA, APA, MPAA, RIAA, NMPA, and IFTA.

The report also addresses patents. "Recent actions by the Government of India with respect to patents, however, have raised serious concerns about the innovation climate in India and risk hindering India’s progress towards an innovation-focused economy. In the pharmaceutical sector and increasingly in other sectors, such as the agro-chemicals and green technology sectors, some innovators face serious challenges in securing and enforcing patents in India."

The report elaborated that currently India patent law precludes issuance of a patent to certain pharmaceutical and chemical inventions that are patentable elsewhere. Then, "Even after a product receives a patent, Indian law continues to pose challenges to the enjoyment of that IPR protection."

The PHARMA, which represents companies that research, develop and make bio and pharmaceutical products, stated in a release that "While we continue to believe that the systemic pattern of undermining patented medicines in India warrant its elevation to Priority Foreign Country status, we welcome the announcement that USTR will initiate an Out-of-Cycle Review of India this fall. Such a review provides a needed avenue for constructive engagement with the incoming Indian government on how to resolve the deteriorating IP environment in India."

Russia. The report states that Russia remains on the priority watch list "as a result of continued, significant challenges to IPR protection and enforcement". (See, report at pages 43-44.)

It states that "IPR enforcement continued to decrease overall in 2013, following a dramatic decline in 2012, and remained plagued by a lack of transparency and effectiveness. Stakeholders express concern about the manufacture, transshipment and retail availability of counterfeit goods, including counterfeits of agricultural chemicals, electronics, information technology, auto parts, consumer goods, machinery, and other products."

Moreover, "Counterfeit pharmaceuticals are reportedly manufactured in Russia and made available through online pharmacies."

The Recording Industry Association of America (RIAA) stated in a release that "Many of the countries that feature in today's report have failed to take action against sites identified by USTR as ‘notorious markets,’ or otherwise maintain practices that undermine the ability of creators to earn a living from their craft, threatening global prosperity, economic development and cultural production and diversity. Russia and vKontakte of course immediately come to mind."

Philippines. On April 28 the OUSTR released a separate statement that announces that the USTR has removed the Philippines from the Special 301 Watch List. The OUSTR stated that "The Philippines has appeared on the Watch List or Priority Watch List continuously since 1994, and was first listed in 1989. In recent years, the government has enacted a series of significant legislative and regulatory reforms to enhance the protection and enforcement of intellectual property rights in the Philippines. Philippine authorities have also made laudable civil and administrative enforcement gains. Although significant challenges remain, the commitment of Philippine authorities and the results achieved merit this change in status."

Italy. On April 30 the OUSTR released a separate statement that announces that the OUSTR has removed Italy from the Special 301 Watch List. The OUSTR stated that it took this action "in recognition of the Italian Communications Regulatory Authority’s (AGCOM) adoption, on December 12, 2013, of long-awaited regulations to combat copyright piracy over the Internet, as well as the overall improvement of the climate for IP-intensive industries in Italy."

Chris Dodd, head of the Motion Picture Association of America (MPAA), praised Italy's government in a release for "developing a fast-track online enforcement system for massive infringements. The Italian Communications Authority has addressed the challenge of achieving a balance for the protection of users and creators alike and is to be commended for its work."

4/30. The Office of the U.S. Trade Representative (OUSTR) released a report [63 pages in PDF] titled "2014 Special 301 Report". It keeps the People's Republic of China (PRC) on the Special 301 Priority Watch List, and addresses the PRC's failure to protect intellectual property at length.

See especially, report at pages 30-37. See also, OUSTR release.

This report states that "a wide range of U.S. stakeholders in China continues to report serious obstacles to effective protection of IPR in all forms, including patents, copyrights, trademarks trade secrets as well as protection against unfair commercial use or unauthorized disclosure of test and other data generated to obtain marketing approval for pharmaceutical products. As a result, sales of IPR-intensive goods and services in China remain disproportionately low when compared to sales in similar, or even less developed, markets that provide a stronger environment for IPR protection and market access."

"Given the size of China's consumer marketplace and its global importance as a producer of a broad range of products, China's protection and enforcement of IPR will continue to be a focus of U.S. trade policy."

Trade Secrets and Cyber Intrusions. The report states that the theft of trade secrets by both "cyber intrusion and hacking" and other means "remains a significant concern. Such thefts are occurring not only inside but also outside China for the competitive advantage of Chinese state-owned and private companies" which "continue to operate with relative impunity".

It adds that trade secret theft also arises "from the misuse of information submitted to government entities for purposes of complying with regulatory obligations".

Then, the report continues, it is difficult to obtain remedies for trade secret theft, "given that civil, administrative, and criminal enforcement against trade secrets theft remains severely constrained. Enforcement obstacles include various deficiencies in China's AUCL; constraints on gathering evidence for use in litigation; difficulties in meeting the criteria for establishing that information constitutes a trade secret; and criminal penalties that do not provide adequate deterrents." (The AUCL is the Anti-Unfair Competition Law.)

For more on PRC based theft of trade secrets by cyber intrusion, see stories titled "Sen. Coons Proposes Private Right of Action for Cyber Theft of Trade Secrets" and "Mandiant Releases Report on Cyber Espionage by People's Liberation Army" in TLJ Daily E-Mail Alert No. 2,532, March 7, 2013, and "AG Holder Addresses Cyber Security and Theft of Trade Secrets", "IPEC Releases Administration Strategy Regarding Theft of Trade Secrets", and "Rep. Rogers and Rep. Ruppersberger Re-Introduce CISPA" in TLJ Daily E-Mail Alert No. 2,525, February 19, 2013.

Indigenous Innovation. The report also addresses coerced transfers of IPR, which the PRC titles "indigenous innovation". The report identifies "Chinese central, provincial, and local government measures and actions that appear to require or pressure rights holders to transfer IPR from foreign to domestic entities."

The report states that "government authorities may deny or delay market access or otherwise condition government procurement, permissions, subsidies, tax treatment, and other actions on IPR being owned or developed in China, or licensed to a Chinese entity."

Also, "Chinese government entities are using regulatory pressure to compel the licensing of important technologies or to dissuade stakeholders from pursuing available legal avenues to enforce their IPR".

Online Piracy. The report states that "online piracy in China persists on a large scale. As of 2013, China had the largest Internet user base in the world, estimated at over 600 million users, including nearly 500 million mobile web users. Despite national campaigns and the leadership of the Leading Group, widespread piracy affects industries involved in the distribution of legitimate music, motion pictures, books and journals, video games, and software."

As evidence of the scale of piracy in the PRC, the report cites revenue data. For example, "in 2013 the revenues from digital music sales in China were $65.4 million, compared to $108.3 million in South Korea, and $32.0 million in Thailand".

The report continues that "Parties in China are also facilitating online infringement, in China and third countries, through media box piracy. Manufactured in China and exported abroad, media boxes can be preloaded with infringing content and plugged directly into televisions. They enable the user to stream and download infringing online audio and visual content. The vast majority of the infringing websites to which media box users connect are reportedly located in China."

Counterfeit Goods. The report states that "problems with counterfeiting in China remain widespread". The report states that enforcement activities have increased, but remain ineffective. One reason is that enforcement is directed at physical markets, while sales are increasingly made via "e-commerce both within China and between China and overseas markets".

Abuse of Standards Setting Processes and Antitrust Regulation. The report states that "standards development bodies in China often employ opaque and exclusionary practices to the detriment of U.S. and other foreign parties."

"China's standards setting bodies reportedly often deny membership or participation rights to foreign parties, effectively shutting them out of the process. In some cases, such bodies may condition a firm's ability to participate on it acting through a joint venture in which it can only have a minority ownership stake, the licensing of a firm’s IP on concessional terms, or a firm’s transfer of technology."

The report states that "there is also growing concern that Chinese competition authorities may target for investigation foreign firms that hold IPR that may be essential to the implementation of certain technological standards."

"Industry reports of intimidating and non- transparent investigative conduct contribute to these concerns."

It adds that while "uncertainty remains as to how the measures apply to patent holders who are not participants in the particular standards development process to which the measures apply", the US "is concerned by any suggestion that standards-related disclosure and licensing obligations extend to patent holders electing not to participate in standards development".

USTR Froman. USTR Michael Froman commented on the PRC in his prepared testimony for the hearing of the Senate Finance Committee (SFC) on May 1, 2014.

He wrote that "Particular areas of concern include measures impeding U.S. exports of food and agricultural products, information technology and telecommunications equipment, medical devices, and an array of other manufactured products."

"We will also seek to make progress on China's accession to the Government Procurement Agreement, which will require significant engagement on difficult issues such as SOEs and China’s domestic procurement regimes. We will press China through our established bilateral channels, including the current Bilateral Investment Treaty (BIT) negotiations, to more fully open its economy and eliminate preferences for SOEs."

And, Froman wrote, "we will continue to engage in dialogue with China to improve the climate for intellectual property protection and enforcement through a number of avenues, recognizing that a strong rule of law – including assurance that enterprises can make decisions regarding technology transfer without government interference -- is essential to encourage and support continued innovation."

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

The Senate will meet at 9:30 AM.

9:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". No webcast. See, notice. Location: Room HVC-304.

9:30 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capital Markets and Government Sponsored Enterprises will hold a hearing titled "Legislative Proposals to Enhance Capital Formation for Small and Emerging Growth Companies, Part II". The witnesses will be Benjamin Miller (Fundrise), Annemarie Tierney (Second Market), William Beatty (Washington State Department of Financial Institutions), and Jeff Lynn (Seedrs Limited). See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Health will hold a hearing titled "Telehealth to Digital Medicine: How 21st Century Technology Can Benefit Patients". Webcast. See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda once again includes consideration of S 1720 [LOC | WW], the "Patent Transparency and Improvements Act of 2013". See, stories titled "Patent Legislation Update" in TLJ Daily E-Mail Alert No. 2,637, April 7, 2014, and "Senate Judiciary Committee Members Still Working on Patent Bill" in TLJ Daily E-Mail Alert No. 2,641, April 17, 2014. The agenda also includes consideration of four District Court nominees: Carlos Mendoza (MDFl), Darren Gayles (SDFl), Paul Byron (MDFl), and Beth Bloom (SDFl). Webcast. See, notice. Location: Room 226, Dirksen Building.

DATE AND TIME CHANGE. 11:40 AM. The Senate Finance Committee (SFC) will hold a hearing titled "President Obama's 2014 Trade Policy Agenda". The witness will be Michael Froman (U.S. Trade Representative). See, notice. Location: Room 215, Dirksen Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "Tumblr for Non-Profits: Finding and Engaging your Audience". The speakers will be Liba Rubenstein (Tumblr) and Kat Murti (Cato). Free. Open to the public. Webcast. See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "Private Enforcement: Charting International Waters between the US and China". The speakers will be Heather Tewksbury (Wilmer Hale), William Isaacson (Boies Schiller & Flexner), and Daniel Mason (Zelle Hofmann). Prices vary. No CLE credits. See, notice.

1:30 PM. The Department of Justice's (DOJ) Antitrust Division will hold a teleconferenced news conference to announce "settlement of our lawsuit against eBay, a settlement that prohibits eBay from entering into anticompetitive agreements with other companies to restrain employee recruitment and hiring".

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

Effective date of the Copyright Office's (CO) changes to its fees schedule. See, CO notice.

Deadline to submit written comments to the National Foundation on Arts and the Humanities' (NFAH) Institute of Museum and Library Services (IMLS) in connection with its April 17 hearing titled "Libraries and Broadband: Urgency and Impact". The purpose of this hearing is "establishing a public record specifically focused on the need for and impact of high speed broadband connectivity in America's libraries". See, notice in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13679-13680. See also, the FCC's 2013 NPRM and March 2014 Public Notice (PN) regarding expanding the FCC's e-rate tax and subsidy program.

Deadline to submit nominations to the Office of the U.S. Trade Representative (OUSTR) for membership on its Intergovernmental Policy Advisory Committee on Trade (IGPAC). See, notice in the Federal Register, Vol. 79, No. 62, April 1, 2014, at Pages 18382-18384.

Rep. Cantor's schedule states that "no votes are expected" in the House.

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

TIME? The Motion Picture Association of America (MPAA) will host a half day event titled "Creativity Conference". The speakers will include VP Joe Biden and Rep. Bob Goodlatte (R-VA). Location: Newseum, 555 Pennsylvania Ave.,  NW.

10:00 - 11:30 PM. The Brookings Institution (BI) will host a panel discussion titled "The Evolution of Video Streaming and Digital Content Delivery". The speakers will be John Donovan (AT&T), Jeremy Legg (Turner Broadcasting System), Derek Aberle (Qualcomm), and Darrell West (BI). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "Data Privacy Basics". The focus will be data privacy in the health care industry. The speakers will be Joshua James (Bryan Cave), Cora Tung Han (FTC's Division of Privacy and Identity Protection), and Adam Green (Davis Wright Tremaine). Prices vary. No CLE credits. See, notice.

Deadline to submit comments to the Securities and Exchange Commission (SEC) in connection with its March 26, 2014 event titled "Cybersecurity Roundtable". See, notice in the Federal Register, Vol. 79, No. 56, March 24, 2014, at Page 16071.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the complaint (request for consultations) submitted to the World Trade Organization (WTO) by the People's Republic of China (PRC) against the U.S. regarding U.S. antidumping measures against the PRC. See, notice in the Federal Register, Vol. 79, No. 67, April 8, 2014, at Pages 19409-19411.

TIME? Day one of a six day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". Location: Annapolis, MD.

The House will not meet the week of April 21-25. See, 2014 House calendar.

9:00 AM - 5:00 PM. The Copyright Office (CO) will hold a hearing to assist it in preparing a study of U.S. law recognizing and protecting "making available" and "communication to the public" rights for copyright holders. See, notice in the Federal Register, Vol. 79, No. 37, February 25, 2014, at Pages 10571-10573. The deadline to submit comments in advance of this hearing is April 4, 2014.

9:00 - 10:30 AM. The Technology Policy Institute (TPI) will host a panel discussion titled "Internet Economics in a Changing Video and Data Environment". The speakers will include Stanley Besen (Charles River Associates), Joseph Cavender (Level 3 Communications), David Clark (MIT's Communications Futures Program), Bob Crandall (TPI and Brookings Institution), and Scott Wallsten (TPI). Breakfast will be served from 8:30 AM. Free. Open to the public. See, notice. Location: City Club, 555 13th St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in H-W Technology v. Overstock.com, App. Ct. No. 14-1054. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in CEATS v. Continental Airlines, App. Ct. No. 13-1529. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

TIME? Day two of a six day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". Location: Annapolis, MD.

2:00 - 3:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Recent Antitrust Developments: March and April 2014". The focus will be developments in the health care and pharmaceuticals markets. The speakers will be Kellie Kemp (WSGR) and Megan Browdie, Jacqueline Grise, Tanisha James, and Howard Morse (all of Cooley). Prices vary. No CLE credits. See, notice. Location: Cooley, Suite 700, 1299 Pennsylvania Ave., NW.

2:00 - 4:00 PM. The National Science Foundation's (NSF) Networking and Information Technology Research and Development(NITRD) Program's Middleware and Grid Interagency Cooridination (MAGIC) Team meets the first Wednesday of each month. See, notice in the Federal Register, Vol. 78, No. 226, November 22, 2013, at Page 70076. Location: NSF, 4201 Wilson Boulevard, Arlington, VA.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "NSA Telephonic and Electronic Surveillance: The Executive, Legislative and Judicial Drivers of Reform and Likely Outcomes". The speakers will be David Valdez (FCC), Allan Friedman (George Washington University), Amie Stepanovich (Access), Kevin Bankston (New America Foundation), Douglas Bonner (Drinker Biddle & Reath), Michael Sussman (Perkins Coie), Marc Zwillinger (ZwillGen). Prices vary. CLE credits. No webcast. The deadline for registrations and cancellations is 5:00 PM on May 2. See, notice. Location: Drinker Biddle & Reath, Conference Room 2B, 1500 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding text to 911 service. The FCC adopted this item on January 30, 2014, and released it on January 31, 2014. It is FCC 14-6 in PS Docket Nos. 10-255 and 11-153. See, notice in the Federal Register, Vol. 79, No. 43, March 5, 2014, at Pages 12442-12458.

Federal Communications Commission (FCC) Auction 84, which is for certain AM broadcast construction permits, is scheduled to begin. See, November 18, 2013 Public Notice (DA 13-2168 in AU Docket No. 13-268) and notice in the Federal Register, Vol. 78, No. 231, December 2, 2013, at Pages 72081-72086.

9:30 AM - 3:00 PM. The Federal Communications Commission (FCC) will host an event titled "E-Rate Modernization Workshop". See, Public Notice (DA 14-563 in WC Docket No. 13-184) with agenda. Webcast. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

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 Policy Committee will meet. See, DHHS notice and notice in the Federal Register, Vol. 78, No. 243, December 18, 2013, at Page 76627. Location: __.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in DDR Holdings v. Hotels.com, App. Ct. No. 13-1504. Panel D. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in I/P Engine. v. AOL, App. Ct. No. 13-1307. Panel D. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Essociate v. Azoogle.com, App. Ct. No. 13-1446. Panel F. Location: Courtroom 203, 717 Madison Place, NW.

TIME? Day three of a six day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". Location: Annapolis, MD.

Deadline to submit reply 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.

8:00 AM - 5:00 PM. Day one of a two day meeting of the Federal Aviation Administration's (FAA) Commercial Space Transportation Advisory Committee. See, notice in the Federal Register, Vol. 79, No. 63, April 2, 2014, at Page 18605. Location: National Transportation Safety Board Conference Center, 429 L'Enfant Plaza, SW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Samsung Electronics v. USITC, App. Ct. No. 13-1519. Panel H. Location: Courtroom 402, 717 Madison Place, NW.

12:00 NOON. The Cato Institute will host a discussion of the book titled "Intellectual Privilege: Copyright, Common Law and the Common Good". The speakers will be the author, Tom Bell (Chapman University School of Law), Chirstopher Newman (George Mason University School of Law), and and Jim Harper (Cato). Free. Open to the public. Webcast. See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Privacy and Social Media". The speakers will be Richard Santalesa (The Sm@rtEdgeLaw Group), Christopher Hearsey (Bigelow Aerospace), Adrian Fontecilla (Proskauer Rose), Peter Gillespie (Fisher & Phillips), and Jessica Flanigan (Monument Policy Group). Prices vary. CLE credits. See, notice.

TIME? Day four of a six day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". Location: Annapolis, MD.

8:30 AM - 2:00 PM. Day two of a two day meeting of the Federal Aviation Administration's (FAA) Commercial Space Transportation Advisory Committee. See, notice in the Federal Register, Vol. 79, No. 63, April 2, 2014, at Page 18605. Location: National Transportation Safety Board Conference Center, 429 L'Enfant Plaza, SW.

9:00 - 10:30 AM. The Technology Policy Institute (TPI) will host a panel discussion titled "The Evolving Media Landscape: What do the Data Show?". The speakers will include Michael Smith (TPI and Carnegie Mellon University), Joel Waldfogel (University of Minnesota), Alejandro Zentner (University of Texas at Dallas), and Thomas Lenard (TPI). Breakfast will be served from 8:30 AM. Free. Open to the public. See, notice. Location: City Club, 555 13th St., NW.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Accelerating Sustainability: Maximizing the Benefits of Connected Cars". See, notice. Location: Room 562, Dirksen Building.

9:30 AM. The House Judiciary Committee (HJC) will hold a hearing on Comcast's proposed acquisition of Time Warner Cable. Location: Room 2141, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cross Atlantic Capital Partner v. Facebook, App. Ct. No. 13-1596. Panel L. Location: Courtroom 203, 717 Madison Place, NW.

TIME? 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, 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.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Antitrust Analysis in Digital Platform Markets: Just One Side of the Story?". The speakers will be Lisa Kimmel (FTC), Aaron Hoag (DOJ), Pete Levitas (Arnold & Porter), Marc Rysman (Boston University), and Scott Sher (WSGR). Prices vary. No CLE credits. See, notice. Location: Arnold & Porter, 555 12th St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "The Impact of Regulatory and Industry Standards on Patents". The speakers will be Logan Breed (Hogan Lovells), Jorge Contreras (American University law school), Michelle Herman (Intellectual Ventures), and Michael Hawes (Baker Botts). Prices vary. CLE credits. See, notice.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Conflicts of Interest in Buy/Sell Transactions: How to Spot and Avoid Them". The speakers will be Ted Frank (Arnold & Porter), Alison Bost (Womble Carlyle), Bernard DiMuro (DiMuro Ginsburg), Saul Singer (District of Columbia Bar), Lawrence Movshin (Wilkinson Barker Knauer), Marni Byrum (McQuade Byrum), George Clark, and Michael Frisch (Georgetown University Law Center). CLE credits. No webcast. Prices vary. The deadline for registrations and cancellations is 5:00 PM on May 7. See, notice. Location: __.

TIME? Day five of a six day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". Location: Annapolis, MD.

TIME? Day six of a six day event hosted by the National Science Foundation's (NSF) Networking and Information Technology Research and Development Program (NITRDP), DARPA, NSA, and others titled "High Confidence Software and Systems Conference". Location: Annapolis, MD.

9:00 AM - 12:00 NOON. The President's Council of Advisors on Science and Technology (PCAST) will hold a partially closed meeting. The agenda includes reports on "science, technology, and innovation in China". See, notice in the Federal Register, Vol. 79, No. 81, April 28, 2014, at Page 23340. Location: National Academy of Sciences, 2101 Constitution Ave., NW.

9:00 AM - 3:00 PM. The Department of Commerce's (DOC) Bureau of Economic Analysis (BEA) will hold a meeting regarding "ways in which the national economic accounts can be presented more effectively for current economic analysis and recent statistical developments in national accounting". Open to the public. See, notice in the Federal Register, Vol. 79, No. 40, February 28, 2014, at Pages 11400-11401. Location: BEA, 1441 L St.,  NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fenner Investments, Ltd. v. Cellco Partnership, App. Ct. No. 13-1640. Panel N. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Innovative Biometric Technology v. Toshiba America, App. Ct. No. 13-1288. Panel M. Location: Courtroom 201, 717 Madison Place, NW.

1:00 - 4:00 PM. The U.S. Patent and Trademark Office (USPTO) will host a public 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. Location: USPTO, Madison Auditorium, 600 Dulany St., Alexandria, VA.

Deadline to submit reply 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.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Consumer and Governmental Affairs Bureau in response to its Public Notice (PN) regarding FCC rules that require fax advertisements sent to a consumer who has provided prior express invitation or permission to include an opt-out notice. This PN is DA 14-556 in CG Docket Nos. 02-278 and 05-338. The FCC released it on April 25, 2014.

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