Supreme Court Rules on Patent Ineligibility of
Computer Implemented Ideas |
6/19. The Supreme Court issued its
opinion in Alice
Corporation v. CLS Bank, a patent infringement case. The Supreme Court unanimously
affirmed the judgment of the U.S. Court of Appeals
(FedCir).
The Supreme Court has long held that abstract ideas cannot be patented. In
this case the Supreme Court held that a claim that recites a method for
implementing an abstract idea on a generic computer is not patentable.
Justice Clarence Thomas
(at right) wrote the opinion of the Court. He wrote that "The
patents at issue in this case disclose a computer-implemented scheme for
mitigating ``settlement risk´´ (i.e., the risk that only one party to a financial
transaction will pay what it owes) by using a third-party intermediary. The
question presented is whether these claims are patent eligible under 35 U. S. C.
§101, or are instead drawn to a patent-ineligible abstract idea. We hold that
the claims at issue are drawn to the abstract idea of intermediated settlement,
and that merely requiring generic computer implementation fails to transform
that abstract idea into a patent-eligible invention. We therefore affirm ...".
(Parentheses in original.)
35 U.S.C. § 101 provides
only that "Whoever invents or discovers any new and useful process, machine, manufacture,
or composition of matter, or any new and useful improvement thereof, may obtain a patent
therefor, subject to the conditions and requirements of this title."
"Laws of nature, natural phenomena, and abstract ideas are not patentable", wrote
Justice Thomas. "At the same time, we tread carefully in construing this exclusionary
principle lest it swallow all of patent law. ... Thus, an invention is not rendered ineligible
for patent simply because it involves an abstract concept."
He continued that the Court we must distinguish between patents that claim the
building blocks of human ingenuity and those that integrate the building blocks
into something more, thereby transforming them into a patent eligible invention.
Thomas discussed the Supreme Court's 2012
opinion in
Mayo Collaborative Services v. Prometheus Laboratories. See, story titled "Supreme
Court Rules in Mayo v. Prometheus Regarding Patentable Subject Matter" in
TLJ Daily E-Mail Alert No.
2,360, March 29, 2012.
He wrote that in Mayo "we set forth a framework for distinguishing patents that
claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible
applications of those concepts. First, we determine whether the claims at issue are directed
to one of those patent-ineligible concepts. ... If so, we then ask, ``[w]hat else is there in
the claims before us?´´ ... To answer that question, we consider the elements of each claim both
individually and ``as an ordered combination´´ to determine whether the additional elements
``transform the nature of the claim´´ into a patent-eligible application. ... We have described
step two of this analysis as a search for an ``'inventive concept'´´ -- i.e., an element or
combination of elements that is ``sufficient to ensure that the patent in practice amounts
to significantly more than a patent upon the [ineligible concept] itself.´´ "
He concluded that the claims fail on both Mayo steps. He reasoned that the claims at
issue are directed to the abstract idea of intermediated settlement, and that the method claims,
which merely require generic computer implementation, fail to transform that abstract idea into a
patent eligible invention.
Justice Thomas wrote that "the mere recitation of a generic computer cannot
transform a patent-ineligible abstract idea into a patent-eligible invention".
Justice Sonia Sotomayor wrote a one paragraph concurring opinion, joined by
Justices Ruth Ginsburg and Stephen Breyer. They
reiterated the view, expressed in former Justice Stevens' concurring opinion in
Bilski v. Kappos, that any "claim that merely describes a method of doing
business does not qualify as a `process´ under §101".
Justice Anthony Kennedy wrote the opinion of the Court in Bilski. Justice Stevens
wrote a concurring opinion joined by Justices Ginsburg, Breyer, and Sotomayor. See, June 28,
2010 opinion [71 pages in
PDF] and story titled "Supreme Court Rules in Bilski" in
TLJ Daily E-Mail Alert No.
2,101, June 30, 2010.
Ed Black, head of the Computer and Communications Industry
Association (CCIA), stated in a
release that "This is a sound decision ensuring our patent laws are better aligned
with the original intent of our founders." He added that it "will cut back on some
flimsy patents without impacting more deserving ones. Better quality patents will help curb
the patent troll problem."
Victoria Espinel, head of the BSA Software Alliance, stated
in a release
that "The opinion makes clear that real software inventions are patentable under US
law and that merely connecting an abstract idea to a computer doesn’t make it
patentable." See also, BSA's
amicus curiae brief.
Todd Dickinson, Executive Director of the American Intellectual Property Law
Association (AIPLA), stated in a release that "it is disappointing that the
Supreme Court did not take the hoped-for opportunity to provide greater clarity
on how to distinguish patent-eligible process claims from ineligible abstract
ideas. It also appears they are still confusing subject matter eligibility with
the patent statute's separate and more definitive requirements that an invention
be novel and non-obvious."
The U.S. District Court (DC) held that
all of the claims in the patents in suit are patent ineligible because they are
directed to the abstract idea of employing a neutral intermediary to facilitate
simultaneous exchange of obligations in order to minimize risk.
On July 9, 2012 a divided three judge panel of the Court of Appeals issued an
opinion
reversing the judgment of the District Court. It held that its was not
"manifestly evident" that the claims are directed to an abstract idea.
However, on May 10, 2013 a divided en banc panel of the Court of Appeals issued an
opinion vacating the three judge panel opinion, and affirming the District Court. It held
that all of the claims are patent ineligible. See also, story titled "Amici File Briefs
With Federal Circuit in Software Patents Case" in
TLJ Daily E-Mail Alert No.
2,487, December 10, 2012.
This case is Alice Corporation Pty. Ltd. v. CLS Bank International, et al., Supreme
Court of the U.S., Sup. Ct. No. 13-298, certiorari to the U.S. Court of Appeals for the Federal
Circuit, App. Ct. No. 2011-1301. The Court of Appeals heard an appeal from the U.S. District
Court for the District of Columbia, D.C. No. 07-CV-974.
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Rep. Scalise Elected House Majority
Whip |
6/19. House Republicans elected Rep. Kevin McCarthy
(R-CA) to be the next House Majority Leader and Rep. Steve
Scalise (R-LA) to be the next House Majority Whip, for the remainder of the 113th Congress.
Rep. John Boehner (R-OH) remains Speaker of the House.
These elections follow the defeat of Rep. Eric
Cantor (R-VA), the current Majority Leader, in his Republican primary election on June
10, 2014, by David Brat, a professor of
economics at Randolph Macon College.
Rep. McCarthy defeated Rep. Raul
Labrador (R-ID) in the June 19 vote by House Republicans.
Rep. Scalise (at
right) defeated both Rep. Peter Roskam (R-IL) and
Rep. Marlin Stutzman
(R-IN) on the first ballot.
Rep. Scalise was first elected to the House in 2008. He is also Chairman of the Republican
Study Committee. See also, his June 19
statement.
He represents a New Orleans area district formerly represented by Bob
Livingston, Sen. David Vitter (R-LA), and Gov. Bobby Jindal.
He is a member of the House Commerce Committee
(HCC), and its Subcommittee on Communications and Technology, and has been active on information
and communications technology issues.
FCC Market Reports. Rep. Scalise sponsored HR 3310
[LOC
| WW],
the "Federal Communications Commission Consolidated Reporting Act of 2011"
in the 112th Congress, and is the sponsor of HR 2844 [LOC
| WW]
in the current Congress.
These are noncontroversial bills with broad support in
the House that would consolidate eight
separate reports on the communications marketplace into a single biennial report,
eliminate several reporting requirements, and make modifications to reporting
requirements.
The House passed HR 3310 on May 30, 2012 by voice vote. See, story
titled "House Passes FCC Consolidated Reporting Act" in
TLJ Daily E-Mail Alert No. 2,388, June 1, 2012. The House passed HR 2844 on
September 9, 2013 by a vote of 415-0. See,
Roll Call No. 449, and
story titled "House Passes Bill to Consolidate FCC Market Reports" in
TLJ Daily E-Mail
Alert No. 2,598, September 10, 2013.
Neither the Senate, nor the Senate
Commerce Committee (SCC), have passed these bills.
FCC Process Reform. Rep. Scalise was one of the cosponsors of HR 3309
[LOC
| WW],
the "Federal Communications Commission Process Reform Act of 2011", in the 112th
Congress. However, he is not a cosponsor of HR 3675
[LOC |
WW], the "Federal
Communications Commission Process Reform Act", in the current Congress.
The House passed HR 3309 on March 30, 2012 by a vote of 247-174. See,
Roll Call No. 138. See also, story
titled "House Passes FCC Process Reform Act" and related stories in
TLJ Daily E-Mail Alert No.
2,361, March 30, 2012. The House passed HR 3675 on March 11, 2014. See, story titled
"House Passes FCC Process Reform Act" in
TLJ Daily E-Mail Alert No.
2,633, March 12, 2014. Neither the Senate, nor the SCC, have passed either of these bills.
More Cosponsored Bills. Rep. Scalise is a cosponsor of HR 4342
[LOC
| WW],
the "DOTCOM Act", HR 4070
[LOC
| WW],
the "Internet Freedom Act", HR 3635
[LOC
| WW],
the "Safe and Secure Federal Websites Act of 2013", HR 3086
[LOC
| WW],
the "Permanent Internet Tax Freedom Act", HR 2309
[LOC
| WW],
the "Wireless Tax Fairness Act of 2013", HR 1852
[LOC
| WW],
the "Email Privacy Act", HR 1580
[LOC
| WW],
regarding internet governance, HR 1309
[LOC
| WW],
the "Health Information Technology Reform Act", HConRes 16, a resolution
opposing imposing a performance royalty on sound recordings for radio stations,
and HR 176 [LOC
| WW],
the "Stop Taxpayer Funded Cell Phones Act".
Next Generation Television Marketplace Act. On December 12, 2013 Rep. Scalise
and Rep. Cory Gardner (R-CO) introduced HR 3720
[LOC |
WW], the "Next
Generation Television Marketplace Act". This is a reintroduction of a bill that Rep.
Scalise introduced in the 112th Congress, HR 3675
[LOC |
WW]. No Committee
or Subcommittee has reported either bill.
This is a far reaching bill that would remove much of the regulatory regime governing video.
Rep. Scalise stated in a
release in December that "While the compulsory licenses of '76 and '88, and the '92
Cable Act may have made sense years ago, competition from new players in the
video marketplace have rendered these laws obsolete".
He continued that "Decades-old broadcast, cable, and satellite laws
dramatically restrict access and limit consumer choice. Broadcast television is
a unique and important platform. Valuable local affiliate programming, strongly
demanded by consumers including myself, is proof that archaic government
regulations are unnecessary today. Instead, traditional copyright law should
facilitate the distribution of this programming so that broadcasters are
rightfully paid for their content, rather than for the use of a signal."
This bill would, among other things, repeal subsection 325(b), the basis of
the retransmission consent regime.
47 U.S.C. § 325
provides that "No cable system or other multichannel video programming
distributor shall retransmit the signal of a broadcasting station, or any part
thereof, except ... with the express authority of the originating station".
(See, subsection 325(b)(1)(A).)
Under Section 325, broadcasters can charge cable companies and other
multichannel video programming distributors (MVPDs) for retransmission of their
programming. The companies have been negotiating retransmission consent
contracts since this section was enacted by the Cable Act of 1992.
This bill would repeal Section 339 of the Communications Act
(which is codified at 47
U.S.C. § 339) regarding the carriage of distant television stations, and Section 340
(47 U.S.C. § 340) regarding
carriage of significantly viewed signals by satellite carriers. It would also repeal Section 341
(47 U.S.C. § 341) regarding the
retransmittal of television signals to eligible state counties in the designated market area
of another state by cable operators or satellite carriers. It would also repeal Section 342
(47 U.S.C. § 342) regarding the
Federal Communications Commission's (FCC) qualified carrier certification process. It would
also repeal Section 612 (47 U.S.C. § 532)
regarding the designation of cable channels for commercial video programming use, Section 614
(47 U.S.C. § 534) regarding the
carriage of local commercial television signals and qualified low power stations by cable
operators, and Section 712 (47
U.S.C. § 612) regarding the FCC's authority to adopt syndicated exclusivity
rules for private home viewing of secondary transmissions by satellite of
broadcast station signals.
It would rewrite Section 338 (47
U.S.C. § 338) regarding the carriage of local television signals by satellite carriers.
It would also amend the Copyright Act, codified in Title 17. It would eliminate
17 U.S.C. § 119,
17 U.S.C. § 122, and
17 U.S.C. § 510. That is, it would
repeal those provisions of the Copyright Act that require statutory licenses for certain
secondary transmissions of distant and local television programming by satellite carriers.
This bill also directs the FCC to repeal obsolete rules related to ownership. It would
require that the FCC eliminate its restrictions on the number of broadcast television stations
that a person or entity may own, operate, or control in the same designated market area under
the local television multiple ownership rule. It would also require that the FCC eliminate
its radio-television cross-ownership rule. And, it would require that the FCC eliminate its
limitations on the direct or indirect ownership, operation, or control of a broadcast television
station by a person or entity that owns, operates, or controls a daily newspaper under the daily
newspaper cross-ownership rule.
This bill would also amend
47 U.S.C. § 543, which pertains
to rate regulation by the FCC. It would amend this section to provide that "No Federal
agency, State, or franchising authority may regulate (1) the rates for the provision of the
service of a multichannel video programming distributor; or (2) the retransmission of
television broadcast signals by a multichannel video programming distributor except in
accordance with the requirements of sections 338 and 615 related to qualified noncommercial
educational television stations."
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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
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Contact: 202-364-8882.
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3034 Newark St. NW, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998-2014 David Carney. All rights reserved.
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In This
Issue |
This issue contains the following items:
• Supreme Court Rules on Patent Ineligibility of Computer Implemented Ideas
• Rep. Scalise Elected House Majority Whip
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Washington Tech
Calendar
New items are highlighted in
red. |
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Monday, June 16 |
The House will not meet. See, Rep. Cantor's
schedule.
The Senate will meet at 2:00 PM.
8:30 AM - 12:30 PM. The Department of Defense (DOD) will hold a public
hearing regarding counterfeit semiconductors and other electronic parts. The DOD's
notice in
the Federal Register (FR) states that the purpose of the hearing is "to obtain the
views of experts and interested parties in Government and the private sector regarding
further implementation of the requirement for detection and avoidance of counterfeit
electronic parts". The deadline to register to attend is June 9, 2014. See, FR, Vol.
79, No. 90, May 9, 2014, at Pages 26725-26726. Location: National Aeronautics and Space
Administration Headquarters Auditorium, 300 E St., SW.
5:00 PM. Deadline to submit comments to the
National Institute of Standards and Technology's
(NIST) Computer Security Division (CSD) regarding its
revised draft
800-78-4 [24 pages in PDF] titled "Cryptographic Algorithms and Key Sizes for
Personal Identity Verification".
5:00 PM. Deadline to submit comments to the
National Institute of Standards and Technology's (NIST)
Computer Security Division (CSD) regarding its draft
SP 800-73-4 titled "Interfaces for Personal Identity Verification". See,
Part 1 [64 pages in PDF] titled "PIV Card Application Namespace, Data Model
and Representation",
Part 2 [61 pages in PDF] titled "PIV Card Application Card Command Interface",
and
Part 3 [22 pages in PDF] titled "PIV Client Application Programming
Interface".
5:15 PM. Deadline to submit comments to the
U.S. International Trade Commission (USITC) in response
to its notice
of proposed rulemaking in the Federal Register (FR) that proposes to amend its Rules of
Practice and Procedure with respect to classified information and mandatory
declassification reviews. See, FR, Vol. 79, No. 74, April 17, 2014, at Pages
21658-21661.
6:00 - 9:30 PM. The Federal Communications
Bar Association (FCBA) will host an event titled "Incentive Auctions:
Understanding the Groundbreaking Spectrum Auction". The speakers will include
Jessica Lyons (Wiley Rein), Jack Goodman, Gary Epstein (Chief of the FCC Incentive Auction
Task Force), Howard Symons (Vice Chairman of the FCC's Incentive Auction Task Force),
Angela Giancarlo (Mayer Brown), John Hane (Pillsbury Winthrop), Scott Bergmann
(CTIA Wireless Association), Jennifer Fritzsche (Wells Fargo Securities), Rick
Kaplan (National Association of Broadcasters), Preston Padden (Expanding
Opportunities for Broadcasters Coalition), Kelly Williams (NAB), and Victor
Tawil (NAB). CLE credits. No webcast. Prices vary. The deadline for registrations and
cancellations is 5:00 PM on June 13. See,
notice. Location: Mayer Brown, 1999 K St., NW.
EXTENDED TO AUGUST 11. Deadline to submit reply comments
to the Copyright Royalty Judges (CRJ) in response to their
notice in
the Federal Register (FR) that requests comments on proposed rules regarding "filing
notice of use and the delivery of records of use of sound recordings under two statutory
licenses of the Copyright Act". This pertains to "reports of use of sound
recordings for the statutory licenses set forth in sections 112 and 114 of the Copyright
Act". See, FR, Vol. 79, No. 85, May 2, 2014, at Pages 25038-25049. See, story titled
"CRJs Propose Record Keeping Requirements for Webcasters" in
TLJ Daily E-Mail Alert No.
2,655, May 7, 2014. See,
notice of extension.
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Tuesday, June 17 |
The House will meet at 12:00 NOON for morning hour, and at 2:00 PM
for legislative business. It will consider numerous non-technology related items under
suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Cantor's
schedule.
The Senate will meet at 10:00 AM.
TIME? Day one of a two day event titled "Big Data Conference".
See, event web site. Location: Holiday
Inn Rosslyn, 1900 N Fort Myer Dr., Arlington, VA.
8:30 AM - 1:30 PM. The Federal
Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA)
Program Management Committee will meet. See,
notice
in the Federal Register, Vol. 79, No. 104, May 30, 2014, at Page 31177. Location:
RTCA, Inc., Suite 900, 1150 18th St., NW.
10:00 AM. The Federal Communications Commission's (FCC)
North American
Numbering Council (NANC) will meet. See,
notice in the
Federal Register, Vol. 79, No. 101, at Pages 30139-30140. Location: FCC,
Room 5-C162, 445 12th St., SW.
11:00 AM - 2:00 PM. The National
Science Foundation's (NSF) Networking and
Information Technology Research and Development (NITRD) Program's Large Scale
Networking Joint Engineering Team (LSN/JET) meets the third Tuesday 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.
1:00 - 2:30 PM. The American
Bar Association (ABA) will host a webcast panel discussion titled "Hot Topics
in Ethics: Cybersecurity and Ways of Maintaining Client Confidentiality in a High-Tech
World". The speakers will be Claudia Rast, David Ries, Scott Blackmer, and Pamela
Esterman. Prices vary. CLE credits. See,
notice.
2:30 PM. The Senate
Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See,
notice. Location: Room 219, Hart Building.
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Wednesday, June 18 |
The House will meet at 10:00 AM for morning hour, and at 12:00 NOON
for legislative business. See, Rep. Cantor's
schedule.
The Senate will meet at 9:30 AM.
TIME? Day two of a two day event titled "Big Data
Conference". See, event web site.
Location: Holiday Inn Rosslyn, 1900 N Fort Myer Dr., Arlington, VA.
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.
9:00 AM - 4:30 PM. The
American Antitrust Institute (AAI) will host a closed event titled "Invitational
Symposium: A Multidisciplinary Examination of Efficiency". The
speakers will include Robert Kramer (DOJ Antitrust Division). CLE credits. See,
notice and
agenda. Location: National Press Club.
10:00 AM. The House Judiciary
Committee (HJC) will met to mark up HR 3086, the "Permanent Internet Tax
Freedom Act", and HR 4874, the "Search for and Cutting Regulations that are
Unnecessarily Burdensome Act of 2014". See,
notice.
Location: Room 2141, Rayburn Building.
10:00 AM. The Department of Commerce's (DOC)
Bureau of Industry and Security's (BIS) President's
Export Council's (PEC) Subcommittee on Export Administration (SEA) will hold a
partially closed meeting. See,
notice in the
Federal Register, Vol. 79, No. 102, May 28, 2014, at Page 30542. Location: DOC , Hoover
Building, Room 4830, 14th Street between Pennsylvania and Constitution Avenues, NW.
6:00 - 9:15 PM. The DC Bar
Association will host an event titled "Preserving Intellectual Property Rights
in Government Contracts Series: A Beginner's Guide". This is part 1 of a two part
event. The speakers will be David Bloch (Winston & Strawn), Richard Gray (DOD, Office
of the General Counsel), John Lucas (Department of Energy), and James McEwen (Sikorsky
Aircraft Corporation). The price to attend ranges from $89 to $129. 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.
Deadline to submit comments to the Internal Revenue Service's (IRS)
Electronic Tax Administration Advisory Committee (ETAAC) in connection
with its June 24, 2014 meeting. See,
notice in the
Federal Register, Vol. 79, No. 103, May 29, 2014, at Pages 30930-30931.
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Thursday, June 19 |
The House will meet at 10:00 AM for morning hour, and at 12:00 NOON
for legislative business. See, Rep. Cantor's
schedule.
The Senate will meet at 9:30 AM.
Supreme Court conference day.
See, October Term 2013
calendar.
9:00 AM - 4:30 PM. The
American Antitrust Institute (AAI) will host an event titled "Annual
Conference: The Inefficiencies of Efficiency". The speakers will
include Joshua Wright (FTC Commissioner). CLE credits. See,
notice and
agenda. Location: National Press Club.
9:30 AM. The Department of Commerce's (DOC)
President's Export Council will meet. The agenda
includes, among other things, discussion of legislation that would give President
Obama trade promotion authority and "technology-enabled small business
exporters". The event will be webcast. The on site meeting is closed to the public.
Written comments are due by June 17. See,
notice in
the Federal Register, Vol. 79, No. 107, June 4, 2014, at Page 32223.
1:00 - 2:30 PM ET. The American
Bar Association (ABA) will host a webcast panel discussion titled "Ethics
20/20, Security, and Cloud Computing". Prices vary. CLE credits. See,
notice.
2:30 PM. The Senate
Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See,
notice. Location: Room 219, Hart Building.
6:00 - 9:15 PM. The DC Bar
Association will host an event titled "Preserving Intellectual
Property Rights in Government Contracts Series: A Beginner's Guide". This is
part 1 of a two part event. The speakers will be David Bloch (Winston & Strawn),
Richard Gray (DOD, Office of the General Counsel), John Lucas (Department of
Energy), and James McEwen (Sikorsky Aircraft Corporation). The price to attend
ranges from $89 to $129. 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.
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Friday, June 20 |
The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's
schedule.
9:00 AM. The
House Judiciary Committee's (HJC) Subcommittee on Regulatory Reform,
Commercial and Antitrust Law will hold a hearing titled "Network
Neutrality: Is Antitrust Law More Effective than Regulation in Protecting
Consumers and Innovation?". The witnesses will be Joshua Wright (FTC
Commissioner), Robert M. McDowell (Hudson Institute), Bruce Owen (Stanford
Institute for Economic Policy Research, Stanford University), and Tim Wu
(Columbia Law School). See,
notice. Location: Room 2141, Rayburn Building.
12:00 NOON. The Internet Caucus will host an event titled "Taxes
on Internet Access: Should Congress Extend the Moratorium". See,
notice. Location: Room __, Rayburn Building.
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Monday, June 23 |
8:30 AM - 6:00 PM. The Federal Trade
Commission (FTC) and Department of Justice's (DOJ)
Antitrust Division will hold a workshop titled "Conditional Pricing Practices:
Economic Analysis and Legal Policy Implications". The deadline to submit comments
is August 22. Free. Open to the public. See, FTC
release, DOJ
release, and FTC
event web site. Location: FTC Conference Center, 400 7th St., NW.
8:30 AM - 6:00 PM. Day one of a two day meeting hosted by the
Department of Energy's (DOE) Federal Energy Regulatory
Commission (FERC) regarding "increasing real-time and day-ahead market
efficiency through improved software". See, FERC's
web page for this conference, and
notice in the
Federal Register, Vol. 79, No. 105, June 2, 2014, at Pages 31321-31324. Location: FERC, 888
1st St., NW.
1:00 - 4:15 PM. The
Brookings Institution (BI) will host an event with two panel discussions titled "Taiwan’s
Legislative Yuan: Oversight or Overreach?". See,
notice.
Location: BI, 1775 Massachusetts Ave., NW.
6:00 - 9:15 PM. The DC Bar
Association will host a panel discussion titled "Can They Fire Me For
Putting That on Facebook?". The speakers will be Julienne Bramesco (Clearspire
Law), Lily Garcia (Clearspire Law), and Diane Torre. The price to attend ranges from
$89 to $129. 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.
6:00 - 8:15 PM. The Federal
Communications Bar Association (FCBA) will host an event titled "Acting
FCC General Counsel Jonathan Sallet and the FCC Year in Review". The speakers
will be Josh Turner (Wiley Rein), Alexi Maltas (Cablevison), Richard Welch (FCC Deputy
Associate General Counsel), Jake Lewis (FCC Associate General Counsel), and Jonathan
Sallet (FCC acting General Counsel). CLE credits. No webcast. Prices vary. The deadline
for registrations and cancellations is 5:00 PM on June 20. See,
notice. Location: Wiley Rein, 1776 K
St., NW.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to its
Public Notice (PN) regarding bidding procedures for Auction 97,
the AWS-3 auction of 1,614 licenses in 65 megahertz in the 1695-1710 MHz, 1755-1780 MHz,
and 2155-2180 MHz bands. The FCC released this PN on May 19, 2014. It is DA 14-669
in AU Docket No. 14-78. See,
notice in the
Federal Register, Vol. 79, No. 105, June 2, 2014, at Pages 31327-31335, and the FCC's March
31, 2014
Report and Order (FCC 14-31 in GN Docket No. 13-185).
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Tuesday, June 24 |
10:30 AM. The
House Judiciary Committee's (HJC) Subcommittee on Regulatory Reform, Commercial and
Antitrust Law will hold a hearing on the proposed merger of AT&T and DirecTV.
The witnesses will be Randall Stephenson (CEO of AT&T), Michael White (CEO of DirecTV),
Ross Lieberman (American Cable Association), and John Bergmayer
(Public Knowledge). See,
notice. Location: Room 2141, Rayburn Building.
8:30 AM - 5:30 PM. Day one of a two day meeting of the Department
of the Interior's (DOI) U.S. Geological Survey's (USGS)
National Geospatial Advisory Committee (NGAC). The agenda
includes "FirstNet Update". Free. Open to the public. The deadline to register to
attend is June 20. See,
notice in the Federal Register, Vol. 79, No. 104, May 30, 2014, at Pages 31128-31129.
Location: South Interior Building Auditorium, 1951 Constitution Ave., NW.
9:00 AM - 12:15 PM. Day two of a two day meeting
hosted by the Department of Energy's (DOE) Federal Energy
Regulatory Commission (FERC) regarding "increasing real-time and day-ahead market
efficiency through improved software". See, FERC's
web page for this conference, and
notice in the
Federal Register, Vol. 79, No. 105, June 2, 2014, at Pages 31321-31324. Location: FERC, 888
1st St., NW.
9:30 - 10:30 AM. The Internal Revenue Service's (IRS)
Electronic Tax Administration Advisory Committee (ETAAC) will meet by telephone conference
call. Open to the public. See,
notice in the
Federal Register, Vol. 79, No. 103, May 29, 2014, at Pages 30930-30931.
POSTPONED. 10:00 AM. The
House Homeland Security Committee's (HHSC)
Subcommittee on Counterterrorism and Intelligence will hold a hearing titled "Detecting
another Snowden: Building an Effective Insider Threat Program at the Department of Homeland
Security". See,
notice. Location: Room 311, Cannon Buklding.
10:00 - 11:30 AM. The
Brookings Institution (BI) will host a speech by Brad Smith (Microsoft General Counsel)
titled "The Future of Global Technology, Privacy, and Regulation". Webcast.
Free. Open to the public. See,
notice. Location: BI, 1775 Massachusetts Ave., NW.
1:00 PM. The
House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and
the Internet will hold a hearing titled "Trade Secrets: Promoting and Protecting
American Innovation, Competitiveness and Market Access in Foreign Markets". The
witnesses will be __. See,
notice. Location: Room 2141, Rayburn Building.
1:00 - 5:00 PM. The Department of Commerce's (DOC)
National Telecommunications and Information
Administration (NTIA) will host one of its series of meetings regarding
privacy and facial recognition technology. See,
notice
in the Federal Register, Vol. 78, No. 235, December 6, 2013, at Pages 73502-73503.
Location: American Institute of Architects, 1735 New York Ave., NW.
2:30 PM. The Senate
Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy
and Consumer Rights will hold a hearing titled "The AT&T/DIRECTV Merger:
The Impact on Competition and Consumers in the Video Market and Beyond".
Sen. Amy Klobuchar (D-MN) will preside. Webcast. See,
notice. Location: Room 226, Dirksen Building.
2:30 PM. The
Senate Commerce Committee (SCC)
will meet to mark up numerous bills. However, none relate to information or
communications technologies. Location: Room 253, Russell Building.
6:00 - 8:00 PM. The
Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an
event titled "Happy Hour". Location: Penn Social, 801 E St., NW.
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Wednesday, June 25 |
8:30 AM - 4:00 PM. Day two of a two day meeting of the Department of
the Interior's (DOI) U.S. Geological Survey's (USGS)
National Geospatial Advisory Committee (NGAC).
The agenda includes "FirstNet Update". Free. Open to the public. The deadline
to register to attend is June 20. See,
notice in
the Federal Register, Vol. 79, No. 104, May 30, 2014, at Pages 31128-31129. Location:
South Interior Building Auditorium, 1951 Constitution Ave., NW.
9:00 - 11:00 AM. The Free
State Foundation (FSF) will host an event titled "Reforming Communications
Policy in the Digital Age: The Path Forward".
Sen. John Thune (R-SD) and FCC
Commissioner Ajit Pai will give keynote speeches. Free. Open to the public.
Registration required. No CLE credits. No webcast. A continental breakfast
will be served. See, notice. Location: Room SVC 209-08, Capitol Building.
10:00 AM. The
House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and
the Internet will hold a hearing titled "Music Licensing Under Title 17". The
witnesses will be __. See,
notice. Location: Room 2141, Rayburn Building.
11:00 AM. The House
Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies will hold a hearing titled "How Data
Mining Threatens Student Privacy". The witnesses will be __. See,
notice. Location: Room 311, Cannon Building.
2:00 PM. The
Senate Finance Committee (SFC)
will hold a hearing titled "Trade Enforcement: Using Trade Rules to Level
the Playing Field for U.S. Companies and Workers". The witnesses will be
__. See,
notice. Location: Room 215, Dirksen Building.
2:00 - 3:30 PM. The Brookings
Institution (BI) will host a panel discussion titled "China and its
Neighbors: Changing Dynamics and Growing Uncertainty". The speakers will
be Richard Bush (BI), Jaewoo Choo (BI), JoAnn Fan (BI), and Feng Zhu (BI). Location: BI, 1775
Massachusetts Ave., NW.
3:00 PM. The Senate
Foreign Relations Committee (SFRC) will hold a hearing titled "The Future of U.S.
China Relations". The witnesses will be Daniel Russel (Assistant Secretary of State
for East Asia and Pacific Affairs), Stapleton Roy (Woodrow Wilson International Center for
Scholars), and Aaron Friedberg (Princeton University). See,
notice. Location: Room 419, Dirksen Building.
6:00 - 7:30 PM. The DC Bar
Association will host an event titled "Trademark Office Speaks".
The speakers will be Deborah Cohn (Commissioner for Trademarks, USPTO), Gerard Rogers
(Chief Administrative Trademark Judge, Trademark Trial and Appeal Board), Danny Awdeh
(Finnegan Henderson), and John Nading (DLA Piper). The price to attend ranges from $20
to $35. Hors d'oeuvres will be served at 5:30 PM. For more information, call
202-626-3463. No reporters. No webcast. No CLE credits. See,
notice. Location: DLA Piper, 500 8th St., NW.
Deadline to submit initial comments to the Federal
Communications Commission (FCC) in response to Part VI(B-H) of its
Further Notice of
Proposed Rulemaking (FNPRM) regarding closed captioning of video programming.
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.
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Thursday, June 26 |
Supreme Court conference day.
See, October Term 2013
calendar.
9:30 AM. The Senate
Judiciary Committee (SJC) will hold an executive business meeting. Webcast. See,
notice. Location: Room 226, Dirksen Building.
5:30 - 7:00 PM. The New
America Foundation (NAF) will host a panel discussion titled "Digital
Diplomacy and Proactive Monitoring: Challenges to Solutions". The speakers will
be Julie Weckerlein (Department of Health and Human Services), Pablo Garcia Molina
(Georgetown University), Christopher Harvin (Barbaricum and Sanitas International), and
Josh Keating (Slate). Free. Open to the public. Webcast. See,
notice. Location: NAF, Suite 400, 1899 L St., NW.
6:00 - 8:15 PM. The Federal Communications
Bar Association (FCBA) will host an event titled "Emerging Trends and Laws
in Emergency 911". The speakers will be __. CLE credits. No webcast. Prices vary.
The deadline for registrations and cancellations is 5:00 PM on June 25. See,
notice. Location: __.
EXTENDED FROM MAY 12. Extended deadline to submit initial
comments to the Federal Communications Commission (FCC) in response to its
Further Notice of Proposed Rulemaking (NPRM) regarding whether to eliminate or modify
the network non-duplication and syndicated exclusivity rules. The FCC adopted and
released this FNPRM on March 31, 2014. It is FCC 14-29 in MB Docket No. 10-71. See,
notice in the
Federal Register, Vol. 79, No. 69, April 10, 2014, at Pages 19849-19860, and
Public Notice (DA 14-525) extending deadlines.
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