4/29. The Office of the U.S. Trade Representative (USTR) released its 2005 Special 301 Report [65 pages in PDF]. See also, Executive Summary [13 pages in PDF]. This report, among other things, elevates the People's Republic of China to the Priority Watch List. It has long been on the USTR's Priority Foreign Country List.

Peter Allgeier, the acting USTR, stated in a release that "This year, we are elevating China to the Priority Watch List for failure to effectively protect intellectual property rights and to meet its commitment to significantly reduce infringement levels, despite efforts by China's senior leadership to do so".

Allgeier (at right) continued that "China must take action to address rampant piracy and counterfeiting, including increasing the number of criminal IPR cases and further opening its market to legitimate copyright and other goods. We will work closely with U.S. industry and other stakeholders, with an eye toward utilizing WTO procedures to bring China into compliance with its trade obligations."

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 USTR identifies trading partners that deny adequate and effective protection of intellectual property or deny fair and equitable market access to U.S. artists and industries that rely upon intellectual property protection. The Special 301 provisions are codified at 19 U.S.C. § 2411 et seq.

China. The USTR conducted an out of cycle review (OCR) in early 2005 to evaluate the PR China. It has now elevated it to the Priority Watch List. See, report at pages 15-23.

The report states that "China's inadequate IPR enforcement is resulting in infringement levels at 90 percent or above for virtually every form of intellectual property, according to the OCR submissions that USTR received."

"Overall piracy rates in China have not declined significantly since WTO accession, and in some sectors have increased from already extremely high levels. OCR submissions report estimated U.S. losses due to piracy of copyrighted materials alone ranging between $2.5 billion and $3.8 billion annually. Internet piracy is quickly becoming the number one threat to the copyright industry according to OCR submissions. End-user piracy of business software and other copyright materials, such as books and journals, remains a key concern." Moreover, the report states that "OCR submissions also confirm that China has not yet achieved a significant reduction in trademark counterfeiting."

The report also details that lack of criminal and administrative enforcement in China.

The report also addresses the lack of government transparency. It states that "Transparency in rulemaking is also a continuing problem. Government entities responsible for drafting rules often refuse to make drafts widely available for public comment, and instead limit their "consultations" to pre-selected industry and trade associations. A prime example is China’s drafting of the criminal judicial interpretation. During the 2003 Transitional Review of China’s WTO/TRIPS compliance, China pledged to increase transparency by making draft judicial interpretations on IPR matters available for public comment. Despite this pledge made in Geneva and numerous requests from the United States and rights holders, China refused to release a draft of its December 2004 judicial interpretation for public comment. In addition, guidelines for the examination of patents and trademarks are not publicly available, and numerous local rules, such as those governing trade secrets, are inconsistent with national law, regulations or rules, resulting in uncertainty and confusion for rights holders."

The report also states that "Copyright infringement on the Internet is a growing phenomenon in China because of loopholes in existing regulations and implementing rules", and because "China still has not acceded to the WIPO Internet Treaties."

The report states that "the Administration will use WTO instruments whenever appropriate to address our concerns regarding the unacceptable levels of counterfeiting and piracy in China." The U.S. will, for example, "invoke the transparency provisions of the WTO TRIPS Agreement to request that China provide detailed documentation on certain aspects of IPR enforcement that affect U.S. rights under the TRIPS Agreement."

Russia. The report also addresses Russia, which remains on the Priority Watch List. It states that "Despite some legislative improvements and increased engagement between the United States and Russia on IPR issues, certain aspects of Russia's IPR regime, including enforcement and data protection, appear to be inconsistent with Russia’s obligations under the 1992 U.S.-Russian Federation Trade Agreement and thus would not conform to obligations which Russia needs to fulfill in order to join the WTO. For these reasons, Russia remains on the Priority Watch List in 2005."

The report adds that "Enforcement in Russia remains weak and caused substantial losses for the U.S. copyright, trademark, and patent industries in the last year. Piracy in all copyright sectors continues unabated, and the U.S. copyright industry estimated losses of $1.7 billion in 2004."

It also states that "Internet piracy is increasing (industry reports that a Russian website is now the largest portal for pirate product in the world) ..." (Parentheses in original.)

European Union. The EU is lowered from the Priority Watch List to the Watch List. Its Priority Watch List status stemmed from its protection of geographical indications (GIs) for agricultural products and foodstuffs. The U.S. complained to the WTO, and prevailed.

Korea. Korea has also been lowered from the Priority Watch List to the Watch List. The report lists several favorable developments, including "introducing legislation that will create protection for sound recordings transmitted over the Internet (using both peer-to-peer and web casting services); implementing regulations that restore the ability of the Korea Media Rating Board to take necessary steps to stop film piracy; and increasing enforcement activities by the Standing Inspection Team against institutions using illegal software." (Parentheses in original.)

Canada. Canada remains on the Watch List. It has not ratified the WIPO Internet Treaties. The report also states that "The Canadian court decision finding that making files available for copying on a peer-to-peer file sharing service cannot give rise to liability for infringement under existing Canadian copyright law underscores the need for Canada to join nearly all other developed countries in implementing the WIPO Internet Treaties."

IP Industry Reaction. Robert Holleyman, P/CEO of Business Software Alliance (BSA), stated in a release that "In the case of China, one of the countries where the software industry now faces the most serious piracy problems, it is clear that USTR recognizes the severity and urgency of the problem. Their decisions today reflect the Bush Administration’s ongoing commitment to find ways to produce concrete and measurable progress in reducing piracy rates".

Eric Smith, President of the International Intellectual Property Alliance (IIPA) wanted the USTR and the Bush administration to do more. He stated in a release [PDF] that "IIPA is deeply concerned that USTR chose not to make an immediate announcement to suspend Russia’s eligibility for GSP benefits under the ongoing GSP IPR investigation nor to identify Russia as a Special 301 Priority Foreign Country this year. While IIPA greatly appreciates the work that USTR and other agencies have devoted to trying to address the many problems in Russia, we are concerned that today’s announcement maintaining Russia on the Priority Watch List fails to convey a clear warning that unless the situation dramatically changes, we are on a collision course with respect to Russia’s hoped-for WTO accession."

Smith also stated that "months. If, by November 1, 2005 criminal copyright enforcement by China has not significantly lowered piracy rates, the copyright industries expect that the U.S. Government will then immediately commence WTO consultations. IIPA believes that China is out of compliance with its WTO TRIPS obligations, with respect to both substantive law and enforcement, particularly by its failure to deter further infringements by applying criminal remedies."

Pat Schroeder, P/CEO of the American Publishers Association, stated in a release that ""Book piracy in China is hurting those publishing in virtually all sectors-trade books, academic and ELT materials, professional and scholarly books and journals and a host of online materials. We sincerely hope that USTR's announcement will encourage further meaningful engagement on these issues and will result in the significant reductions in all types of piracy that the Chinese government has promised. The publishing community stands ready to assist both the Chinese and U.S. governments in finding solutions to this growing problem."

4/28. Peter Lichtenbaum gave a speech on government control of exports and related regulation. He discussed, among other topics, MTOPS based restrictions, the merging of software and hardware, and the "deemed export" rules.

Lichtenbaum is the acting Under Secretary for Industry and Security and Assistant Secretary for Export Administration. He is the head of the Bureau of Industry and Security (BIS), which is also known as the Bureau of Export Administration (BXA). The BIS/BXA controls exports, and "deemed exports", for national security purposes, including exports of dual use items, such as computers, microprocessors, software and encryption products.

Lichtenbaum (at right) stated that "BIS continues to work toward adopting a new metric for controlling exports of strategically significant computers. Changes in computer technology and market developments have diminished the effectiveness of the current metric for measuring the critical performance of HPCs. The current metric is ``MTOPS´´ -- Millions of Theoretical Operations per Second. The U.S. Government and industry have been discussing options for replacing MTOPS. In 2005, we hope to finalize this reform effort and put in place a more modern system for controlling computers."

He also stated that "We also plan to update the existing ``de minimis´´ rule for determining when a reexport is subject to U.S. jurisdiction. The ``de minimis´´ rule determines when a reexport is subject to U.S. jurisdiction. Advisory committees and other industry groups have urged that we update this rule to reflect changes in technology, such as how software is now incorporated into hardware. For example, when a U.S.-origin chip provides instructions for a foreign car's engine. The merging of software and hardware makes it appropriate to review whether we should continue to treat software and hardware separately under our de minimis rule. We expect to move forward on this issue soon."

He also discussed the "deemed export" rule. He said, among other things, that "The Administration's liberalizations of controls on microprocessors and advanced computer technology have also limited ``deemed export´´ license applications.

4/28. The Senate confirmed Robert Portman to be the U.S. Trade Representative (USTR). Portman wrote in a statement [PDF] that "I plan to focus on continuing this record of opening markets to expand freedom and reduce poverty, working closely with the U.S. Congress. I will also redouble our efforts to enforce international trade agreements and U.S. trade laws. As a now former Member of Congress, I know well the positive, and at times disruptive, effects of trade. I will work hard to make sure Americans are competing on a level playing field and have the opportunity to sell their world class goods and services in overseas markets. Congressional approval of the Central American and Dominican Republic Free Trade Agreement, China trade issues, the enforcement of existing agreements, keeping on pace the Doha talks to lower trade barriers, and our ongoing regional and bilateral trade negotiations, are all front and center issues for me."

4/27. President Bush nominated Shara Aranoff to be Commissioner of the U.S. International Trade Commission (USITC) for the remainder of a nine year term expiring on December 16, 2012. See, White House release. On January 28, 2005, Sen. Harry Reid (D-NV), the Senate Democratic Leader, designated Aranoff for nomination to a Democratic position on the USITC. She is currently Senior International Trade Counsel on the Democratic staff of the Senate Finance Committee. She has also worked in the USITC's Office of General Counsel, and for the law firm of Steptoe & Johnson. Aranoff will, if confirmed by the Senate, fill the seat of Marcia Miller, whose term has expired. Sen. Max Baucus (D-MT), the ranking Democrat on the Senate Finance Committee, praised Aranoff in a January release [PDF].

4/27. President Bush nominated Ben Bernanke to be Member of the Council of Economic Advisers. Bush previously announced his intent to make this nomination. See, White House release.

4/29. Federal Communications Commission (FCC) Chairman Kevin Martin announced his intent to name Tom Navin to be the Chief of the FCC's Wireline Competition Bureau (WCB). Navin is currently Chief of the Wireline Competition Bureau's (WCP) Competition Policy Division (CPD). Before that, he was Deputy Chief of the CPD. Before going to work for the FCC, he worked for the law firm of McDermott Will & Emery. See, FCC release [PDF].

4/29. FCC Chairman Kevin Martin announced his intent to name Kris Monteith to be Chief of the FCC's Enforcement Bureau. She is currently the Deputy Bureau Chief of the Consumer and Governmental Affairs Bureau for Outreach and Intergovernmental Affairs. Before going to work for the FCC in 1997, she worked for the law firms of McDermott Will & Emery and Keller & Heckman. See, FCC release [PDF].

4/29. FCC Chairman Kevin Martin announced his intent to name Monica Desai to be Chief of the FCC's Consumer and Governmental Affairs Bureau. She has worked at the FCC since 1999. She previously worked for the law firm of Sonnenschein Nath & Rosenthal. See, FCC release [PDF].

4/29. FCC Chairman Kevin Martin announced his intent to name Daniel Gonzalez (at right) to be FCC Chief of Staff. Gonzalez is currently Martin's Senior Legal Advisor and Wireline Advisor since February of 2002. He has also worked in the Common Carrier Bureau's Policy and Program Planning Division and the Accounting and Audits Division. He also worked for former FCC Commissioner Rachelle Chong. He also worked as VP of External and Regulatory Affairs for XO Communications. See, FCC release [PDF].

4/29. FCC Chairman Kevin Martin announced his intent to name Michelle Carey to be his Legal Advisor for Wireline Issues. Carey is the Deputy Chief of the FCC's Wireline Competition Bureau (WCB). She was previously Chief of the WCB's Competition Policy Division (CPD). The FCC wrote in a release [PDF] that "she managed rulemaking proceedings concerning a variety of issues including local competition, broadband, and IP-enabled services. She also supervised numerous adjudicatory proceedings, including applications by the regional Bell companies to provide long-distance service and wireline telecommunications mergers."

4/29. FCC Commissioner Jonathan Adelstein named Rudy Brioché to be his Legal Advisor on media issues. Brioché previously worked for Sen. Frank Lautenberg (D-NJ), a member of the Senate Commerce Committee. Before that, he was Washington Bureau Counsel for the National Association for the Advancement of Colored People (NAACP). See, FCC release [PDF].

4/29. FCC Commissioner Jonathan Adelstein named Amber Danter to be his Confidential Assistant. She previously worked for former Sen. Tom Daschle (D-SD). See, FCC release [PDF].

The House will meet at 2:00 PM in pro forma session only.  See, Republican Whip Notice.

The Senate will not meet on Monday, May 2 through Friday, May 6. See, Senate calendar.

Day one of a three day event hosted by Internet2 and titled "Spring 2005 Internet2 Member Meeting". See, notice. Location: Crystal Gateway Marriott, 1700 Jefferson Davis Highway, Arlington, VA.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold the fifth of its oversight hearing on the implementation of the USA PATRIOT Act. This hearing will address §§ 201, 202, and 223 (regarding wiretaps), and § 213 (regarding delayed notice of search warrants). The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "KP Permanent Make-Up v. Lasting Impression, Inc.: Fair Use and Likelihood of Confusion". The scheduled speakers are Beth Brinkmann (Morrison & Foerster, counsel for Lasting Impression), Patricia Millett (Assistant to the Solicitor General), Christine Farley (American University Washington law school). See, notice. Prices vary from $10 to $30. For more information, call 202-626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Aptix v. Quickturn Design. This is an appeal from the U.S. District Court (NDCal) in a patent case. This case is D.C. No. C 98-00762 WHA (EDL) and App. Ct. No. 04-1368. Location: Courtroom 402, 717 Madison Place, NW.

Day two of a three day event hosted by Internet2 and titled "Spring 2005 Internet2 Member Meeting". See, notice. Location: Crystal Gateway Marriott, 1700 Jefferson Davis Highway, Arlington, VA.

The House will meet at 10:00 AM for legislative business. The agenda includes several non-technology related items.  See, Republican Whip Notice.

9:30 AM. The Center for American Progress (CAP) will host a panel discussion titled "No Place to Hide: Where the Data Revolution Meets Homeland Security". The speakers will be Robert Harrow (author of No Place to Hide: Behind the Scenes of Our Emerging Surveillance Society [Amazon]), Wesley Clark (former U.S. Army General), Nuala Kelly (Chief Privacy Office of the DHS), and James Dempsey (Center for Democracy and Technology). Location: CAP, 1333 H St. NW.

10:00 AM. The House Financial Services Committee will hold a hearing titled "Assessing Data Security: Preventing Breaches and Protecting Sensitive Information". Location: Room 2128, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ericsson v. Harris. This is an appeal from the U.S. District Court (NDTex) in a patent infringement case involving cellular telephony. This case is D.C. No. 3-98 CV 2903-M and App. Ct. No. 04-1444. Location: Courtroom 203, 717 Madison Place, NW.

1:00 - 5:00 PM. The U.S. Patent and Trademark Office's (USPTO) Nanotechnology Customer Partnership will hold a meeting. RSVP to Jill Warden at jill dot warden at uspto dot gov or 571 272-1267. See, notice. Location: USPTO, Madison Auditorium, South Side, 600 Dulany Street, Alexandria, Virginia.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group 3: IMT-2000 and 2.5 GHz Sharing Issues will meet. Location: FCC.

9:00 AM - 6:00 PM. Pulver.com will host a one day conference titled "IP-Based Communications Policy Summit". See, conference web site. Location: Plaza Hotel.

Day three of a three day event hosted by Internet2 and titled "Spring 2005 Internet2 Member Meeting". See, notice. Location: Crystal Gateway Marriott, 1700 Jefferson Davis Highway, Arlington, VA.

The House will meet at 10:00 AM for legislative business. The agenda includes several non-technology related items. See, Republican Whip Notice.

9:15 AM - 12:15 PM. The American Enterprise Institute (AEI) will host an event titled "The Effect of Wireless Telecommunications on Economic Development in Africa". The speakers will be Gregory Sidak (AEI), Leonard Waverman (London Business School), Edward Graham (Institute for International Economics), Scott Wallsten (AEI), Diane Coyle (Enlightenment Economics), Neil Gough (Vodafone Group), and Claude Barfield (AEI). See, notice and registration page. Location: 12th floor, 1150 17th St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Bar Association v. FTC, No. 04-5257. Judges Sentelle, Randolph and Roberts will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold the sixth of its oversight hearing on the implementation of the USA PATRIOT Act. This hearing will address § 212, titled "Emergency disclosure of electronic communications to protect life and limb". The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The Center for National Software Studies will hold a news conference to release a report. See, notice. For more information, contact Alan Salisbury at 703 319-2187. Location: Lisagor Room, National Press Club, 529 14th St. NW, 13th Floor.

Day one of a two day conference hosted by the Computer Law Association (CLA) titled "CLA World Computer and Internet Law Conference". See, conference brochure [PDF]. Location: Park Hyatt Hotel, 24th at M St. NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Preston Small v. FCC, No. 04-1056. Judges Edwards, Henderson and Tatel will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 - 11:00 AM. The Progressive Policy Institute (PPI) will host a book forum titled "Can American Compete with Asia?". Kent Hughes will discuss his book, Building the Next American Century: The Past and Future of American Economic Competitiveness [Amazon]. Robert Atkinson, Director of the PPI's Technology and New Economy Project, will comment. For more information, contact Kyra Jennings or Austin Bonner at 202 547-0001. Location: 600 Pennsylvania Avenue, SE, Suite 400.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Datamize v. Plumtree Software, No. 04-1564. This is patent case involving internet portal technology. Location: Courtroom 203, 717 Madison Place, NW.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a brown bag lunch titled "Hot Property: The Threat of Intellectual Property Theft to our Economy and Safety". The speakers will be Pat Choate, author of Hot Property: The Stealing of Ideas in an Age of Globalization [Amazon], and Barry Lynn (NAF). RSVP to Jennifer Buntman at 202 986-4901 or buntman at newamerica dot net. See, notice. Location: NAF, 1630 Connecticut Ave, 7th Floor.

Day two of a two day conference hosted by the Computer Law Association (CLA) titled "CLA World Computer and Internet Law Conference". See, conference brochure [PDF]. Location: Park Hyatt Hotel, 24th at M St. NW.

Mothers Day.

5:00 PM. Deadline to submit reply comments to the Copyright Office (CO) in response to its notice of inquiry (NOI) regarding orphan works -- copyrighted works whose owners are difficult or impossible to locate. The CO stated in a notice in the Federal Register that it seeks public comments on "whether there are compelling concerns raised by orphan works that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders." See, Federal Register, January 26, 2005, Vol. 70, No. 16, at Pages 3739 - 3743.

Deadline to submit to the Federal Communications Commission (FCC) initial comments and petitions to deny in its antitrust merger review proceeding (transfer of control of licenses) associated with the acquisition of MCI by Verizon. See, FCC Public Notice DA 05-762 in WC Docket No. 05-75.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding implementation of Section 207 of the Satellite Home Viewer Extension and Reauthorization Act of 2004, extends Section 325(b)(3)(C) of the Communications Act until 2010 and amends that section to impose reciprocal good faith retransmission consent bargaining obligations on multichannel video programming distributors. This proceeding is MB Docket No. 05-89. See, FCC Public Notice DA 05-772, and notice in the Federal Register, March 24, 2005, Vol. 70, No. 56, at Pages 15048 - 15051. See also, story titled "FCC Adopts and Releases NPRM Implementing § 207 of SHVERA" in TLJ Daily E-Mail Alert No. 1,090, March 8, 2005.

4/29. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order regarding the mandatory electronic filing for international telecommunications services. The FCC issued a short release [PDF] that describes this item. It states that this requirement will take effect in several phases, and will apply to applications and associated filings in connection with § 214 authorizations, cable landing licenses, accounting rate changes, assignment of data network identification codes, recognized operating agency status, assignment of an international signaling point code, and foreign carrier notifications. This item is FCC-05-91 in IB Docket No. 04-426.

4/29. The Federal Communications Commission (FCC) adopted, but did not release, a First Report and Order and Order on Reconsideration and Notice regarding directory assistance information. This item pertains to clarification and/or reconsideration of the Subscriber List Information (SLI)/Directory Assistance (DA) First Report and Order, and SLI/DA Order on Reconsideration and Notice. The FCC wrote in a short release [PDF] describing this item that the FCC denied a petition filed by BellSouth and SBC "seeking reconsideration of rules that bar them from imposing restrictions on the use by competitors of directory assistance information competitors obtain from the LECs under the Communications Act. Section 251(b)(3) of the Act requires that LECs provide nondiscriminatory access to directory assistance, and the Commission has determined that this permits competitors to have the same access to directory assistance information that the LECs provide to themselves." The FCC release adds that "a LEC must not provide access to numbers that are unlisted at the customer’s request.", and that "competitors are required to abide by other state and federal laws and regulations governing use of these data". It also states that the FCC "rejected SBC and BellSouth’s argument that LECs should not be required to provide access to local listings that were obtained from third parties. Even though the Commission has declined to require LECs to provide nondiscriminatory access to nonlocal directory assistance data, it has consistently required nondiscriminatory access to all of their local directory assistance database listings." This item is FCC 05-93 in CC Docket Nos. 96-115, 96-98, and 99-273.

4/29. The Federal Communications Commission (FCC) adopted, but did not release, a notice of proposed rulemaking (NPRM) to implement satellite broadcast carriage requirements in the noncontiguous states, as required by Section 210 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA). The FCC issued a short release [PDF] that describes this item. It states that the NPRM "seeks public comment on a number of issues, such as whether the term ‘noncontiguous states’ includes territories and possessions such as Puerto Rico and Guam, as well as Alaska and Hawaii. It also seeks comment on the interpretation that satellite carriers' obligation to carry local stations' signals extends to the whole broadcast signal, including multicast digital signals and high definition signals. The proposed rules establish two deadlines for local stations to elect mandatory carriage or retransmission consent: October 1, 2005, for analog signals, and April 1, 2007, for digital signals." The Congress included the SHVERA in the huge omnibus appropriations bill, HR 4818 (108th Congress), that it enacted late last year. Section 210 amended 47 U.S.C. § 338(a). This item is FCC 05-92 in Docket 05-181.

4/29. The U.S. Patent and Trademark Office (USPTO) announced that its new electronic facility for hearing patent appeals before the Board of Patent Appeals and Interferences (BPAI) and appeals and contested cases before the Trademark Trial and Appeal Board (TTAB) is now operational. The new facility, named the "Electronic Hearing Room", allows attorneys to participate remotely, either by obtaining the necessary equipment and software, or by using facilities at Patent and Trademark Depository Libraries in Sunnyvale, California, Detroit, Michigan, or College Station, Texas. See, USPTO release.

4/27. The House Commerce Committee's Subcommittee on Telecommunications and the Internet held a hearing titled "How Internet Protocol-Enabled Services Are Changing the Face of Communications: A View from Government Officials". See, prepared testimony [18 pages in PDF] of Lewis Billings (Mayor of Provo City, Utah), prepared testimony [7 pages in PDF] of Diane Munns (Commissioner, Iowa State Utilities Board, on behalf of the National Association of Regulatory Utility Commissioners), prepared testimony [20 pages in PDF] of Kenneth Fellman (Mayor of Arvada, Colorado, on behalf of: the National Association of Telecommunications Officers and Advisors), prepared testimony [20 pages in PDF] of Charles Davidson (Commissioner, Florida Public Service Commission), prepared testimony [7 pages in PDF] of John Perkins (President, National Association of State Utility Consumer Advocates), prepared testimony [7 pages in PDF] of Karen Strauss (Alliance for Public Technology), and prepared testimony [15 pages in PDF] of David Quam (National Governors Association).

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