10/17. The Supreme Court issued an order in Illinois Tool Works v. Independent Ink, a patent tying antitrust case. The Court wrote that "The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted." See, Order List [9 pages in PDF], at page 1, and Supreme Court docket.

While this is a patent tying case, in which the Court of Appeals held that a rebuttable presumption of market power arises from the possession of a patent over a tying product, the Supreme Court's decision may impact copyrights as well. Hence, leading copyright based trade groups, including software groups, have argued that the Supreme Court should hold that there is no presumption of market power, whether the intellectual property involved is patents or copyrights.

The Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division filed a joint amicus curiae brief [41 pages in PDF], on the merits, urging reversal of the U.S. Court of Appeals (FedCir).

See, stories titled "Supreme Court Grants Certiorari in Patent Tying Antitrust Case" in TLJ Daily E-Mail Alert No. 1,158, June 21, 2005; and "FTC and DOJ File Amicus Brief in Patent Tying Antitrust Case" in TLJ Daily E-Mail Alert No. 1,191, August 9, 2005.

The Supreme Court has scheduled oral argument for 10:00 AM on Tuesday, November 29, 2005.

Background. Trident, Inc., a subsidiary of Illinois Tool Works, holds U.S. Patent No. 5,343,226, which pertains to ink jet printer technology. Trident also makes ink. Moreover, its standard form licensing agreement allowing the OEMs to use its patented product requires the OEMs to purchase their ink for Trident systems exclusively from Trident. Independent Ink also makes ink, and competes with Trident.

Independent Ink filed a complaint in U.S. District Court (CDCal) against Trident and Illinois Tool Works. It sought a declaratory judgment of non-infringement and invalidity against Trident’s patents. It also alleged Trident was engaged in illegal tying and monopolization in violation of sections 1 and 2 of the Sherman Act, which are codified at 15 U.S.C. § 1 and § 2.

The District Court granted summary judgment in favor of Trident on both claims. The District Court held that for patent tying to constitute a violation of the antitrust laws, the plaintiff must affirmatively prove market power.

The Court of Appeals issued its opinion [20 pages in PDF] on January 25, 2005. It held that "a rebuttable presumption of market power arises from the possession of a patent over a tying product". It further wrote that "Because no rebuttal evidence was submitted by the patent holder, we reverse the grant of summary judgment on the Sherman Act section 1 claim and remand for further proceedings. As to Independent’s Sherman Act section 2 claim, we affirm the district court’s grant of summary judgment." The opinion is also reported at 396 F.3d 1342.

The Court of Appeals relied, in part, upon United States v. Loew’s, Inc., 371 U.S. 38 (1962).

Amicus Briefs. This case has attracted numerous other amicus curiae briefs.

This is a patent case. However, it has attracted considerable interest from the copyright industries. A collection of leading trade groups that represent copyright industries, including the Motion Picture Association of America (MPAA), Recording Industry Association of America (RIAA), Business Software Alliance (BSA), Entertainment Software Association (ESA), Association of American Publishers (AAP), and others, filed an amicus brief [40 pages in PDF], on the merits, in which they urge the Supreme Court to "decline to presume that antitrust market power arises from the mere ownership of intellectual property rights, whether patents or copyrights."

These amici wrote that "the Loew's presumption cannot and should not serve to uphold the judgment of the Court of Appeals below. While the matter at bar is a patent case, the Court should reverse the judgment below and make clear that its holding applies to copyrights and other forms of IP as well."

Their counsel of record is Daniel Swanson of the Los Angeles office of the law firm of Gibson Dunn & Crutcher.

Verizon Communications also filed its own amicus brief. It is represented by Gary Taranto of Farr & Taranto.

The American Intellectual Property Law Association (AIPLA) filed an amicus brief [25 pages in PDF], on the merits, in support of neither party, urging the Supreme Court to eliminate the presumption of market power in patent antitrust tying cases. The Intellectual Property Owners Association (IPO) filed an amicus brief [27 pages in PDF], on the merits, in support of Illinois Tool Works, and urging reversal.

This case is Illinois Tool Works, Inc., et al. v. Independent Ink, Inc., Sup. Ct. No. 04-1329, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 04-1196.

10/17. The Supreme Court denied certiorari in Merck v. Teva Pharmaceuticals USA, a patent case involving the lexicographer rule. The Court wrote in its October 17, 2005, Order List that "The petition for a writ of certiorari is denied. The Chief Justice, Justice O'Connor, and Justice Breyer took no part in the consideration or decision of this petition." See, Order List [9 pages in PDF], at page 8. See also, docket.

The U.S. Court of Appeals (FedCir) issued its split opinion [32 pages PDF] on January 28, 2005. (Judge Rader dissented.) See also, errata [PDF]. The Court of Appeals issued its order [5 pages in PDF], with dissent, denying rehearing en banc, on April 21, 2005. Judges Lourie, Michel and Newman dissented.

This case is Sup. Ct. No. 05-236, and App Ct. No. 04-1005. The Court of Appeals heard an appeal from the U.S. District Court for the District of Delaware, Judge Joseph Farnan presiding.

10/17. The Federal Financial Institutions Examination Council (FFIEC) released a document [14 pages in PDF] titled "Authentication in an Internet Banking Environment". It states that financial institutions that provide internet based services should be using more reliable and effective technologies to authenticate their online customers, to inhibit identity theft, reduce fraud, and for other purposes.

This document states that the FFIEC agencies (which are the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, National Credit Union Administration, Office of the Comptroller of the Currency, and Office of Thrift Supervision) "consider single-factor authentication, as the only control mechanism, to be inadequate for high-risk transactions involving access to customer information or the movement of funds to other parties."

It continues that "Financial institutions offering Internet-based products and services to their customers should use effective methods to authenticate the identity of customers using those products and services. The authentication techniques employed by the financial institution should be appropriate to the risks associated with those products and services. Account fraud and identity theft are frequently the result of single-factor (e.g., ID/password) authentication exploitation. Where risk assessments indicate that the use of single-factor authentication is inadequate, financial institutions should implement multifactor authentication, layered security, or other controls reasonably calculated to mitigate those risks."

See also, FFIEC release.

10/17. Nortel Networks named Mike Zafirovski to be its next P/CEO. He will replace the current P/CEO, Bill Owens, on November 15, 2005. Zafirovski has worked for Motorola since 2000. He was P/CEO of Motorola's Personal Communications Sector, and then P/COO of Motorola. Before that, he worked for 25 years for General Electric. See, Nortel release.

10/3. Elizabeth Grossman was named Staff Director of the House Science Committee's Subcommittee on Research. She replaced Dan Byers who was named Deputy Chief of Staff at the White House Office of Science and Technology Policy (OSTP).

10/17. On October 6, 2005, the House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property (CIIP) held an oversight hearing titled "Improving Federal Court Adjudication of Patent Cases". The HJC has now published the prepared testimony of the four witnesses. See, prepared testimony of Kimberly Moore (George Mason University School of Law), prepared testimony [13 pages in PDF] of John Pegram (Fish & Richardson), prepared testimony [21 pages in PDF] of Chris Katopis (Drinker Biddle & Reath), and prepared testimony [3 pages in PDF] of T.S. Ellis (Judge of the U.S. District Court for the Eastern District of Virginia).

10/17. The Supreme Court denied certiorari in Preston Small v. FCC. See, Order List [9 pages in PDF], at page 8. This is Sup. Ct. No. 05-284 and App. Ct. No. 04-1056 (DCCir).

10/17. The U.S. Court of Appeals (3rdCir) issued an amended opinion [90 pages in PDF] in Century 21 v. Lending Tree, a trademark infringement case involving the defense of nominative fair use. The Court of Appeals issued its original opinion [91 pages in PDF] on October 11, 2005. See, story titled "3rd Circuit Rules on Lending Tree's Web Use of Real Estate Brokers' Trademarks" in TLJ Daily E-Mail Alert No. 1,233, October 14, 2005.

10/17. The U.S. District Court (DC) issued an opinion in Adler v. Vision Lab Telecommunications, a case regarding junk fax messages. Adler filed a complaint in the District Court against Vision Lab Telecommunications and others alleging two counts of violation of the Telephone Consumer Protection Act (TCPA), which is codified at 47 U.S.C. § 227, one count of violation of the District of Columbia Consumer Protection and Procedures Act (DCCPPA), which is codified at D.C. Code § 28-3904, one count of negligence, and one count of invasion of privacy. The District Court granted summary judgment to Vision Lab on one count of violation of the TCPA based upon improper identification of fax messages, as well as the DCCPPA claim, and the negligence claim. Another count alleging violation of the TCPA based upon sending unsolicited faxes remains, as does the invasion of privacy claim. This case is William Adler v. Vision Lab Telecommunications, Inc., et al., U.S. District Court for the District of Columbia, D.C. No. 05-0003 (ESH), Judge Ellen Huvelle presiding.

10/7. The U.S. Court of Appeals (9thCir) issued its opinion [25 pages in PDF] in Idaho Potato Commission v. GT Terminal Packaging, a case regarding certification marks. This case is State of Idaho Potato Commission v. GT Terminal Packaging, Inc., U.S. Court of Appeals for the 9th Circuit, App. Ct.Nos. 04-35229 and 04-35238, appeals from the U.S. District Court for the District of Idaho, D.C. Nos. CV 98-0088 DOC and CV 98-0088 DOC, Judge David Carter presiding. See also, the July 11, 2003 opinion [26 pages in PDF] of the U.S. Court of Appeals (2ndCir) in Idaho Potato Commission v. M&M Produce Farm and Sales (reported at 335 F.3d 130). And see, stories titled "Senators Introduce Bill Pertaining to Certification Marks" in TLJ Daily E-Mail Alert No. 980, September 21, 2004; and "Senate Approves Bill Regarding Certification Marks" in TLJ Daily E-Mail Alert No. 992, October 7, 2004. A related bill pending in the current Congress is HR 784. It would provide that service marks, collective marks, and certification marks are entitled to the same protections, rights, and privileges of trademarks.

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The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. It will consider several non-technology related items. See, Republican Whip Notice.

The Senate will meet at 9:45 AM. It will resume consideration of HR 3058, the transportation & treasury appropriations bill.

8:00 AM. The Federal Communications Bar Association (FCBA) will host a breakfast. The speaker will be Sen. John Ensign (R-NV). See, registration form [PDF]. Registrations and cancellations are due by 12:00 NOON on October 14. The price to attend ranges from $30 to $55. Location: J.W. Marriott, 1331 Pennsylvania Ave., NW, bottom level.

8:45 - 10:15 AM. The New America Foundation will host a panel discussion titled "Public Safety at Stake: How the DTV Transition Can Redeploy Unused Airwaves for America’s First Responders". The speakers will be Sen. John McCain (R-AZ), Michael Calabrese (NAF), former Rep. Tim Roemer, Greg Meffert (CIO of the City of New Orleans), Robert LeGrande (Spectrum Coalition for Public Safety), and Bob Pepper (Cisco Systems). RSVP to communications at newamerica dot net. See, notice. Location: Room 562, Dirksen Building, Capitol Hill.

9:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Comprehensive Immigration Reform". The scheduled witnesses are Michael Chertoff (Secretary of Homeland Security), Elaine Chao (Secretary of Labor), Frank Sharry (National Immigration Forum), Mark Krikorian (Center for Immigration Studies), and Douglas Massey (Princeton University). The SJC frequently cancels of postpones hearings without notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Finance Committee will hold a hearing on several pending nominations, including Susan Schwab (to be Deputy U.S. Trade Representative), Karan Bhatia (to be Deputy USTR), Franklin Lavin (to be Under Secretary of Commerce for International Trade), and Clay Lowery (to be Deputy Under Secretary of the Treasury). Location: Room 219, Dirksen Building.

10:30 AM - 3:00 PM. The U.S. Chamber of Commerce will host an event titled "Comprehensive Immigration Reform: Fixing a Broken System". The price to attend ranges from free to $145. For more information, contact Winsome Walker at 202 463-5500. See, notice. Location: U.S. Chamber of Commerce, 1615 H Street, NW.

2:30 PM. The Senate Judiciary Committee (SJC) may hold a hearing on executive nominations. The agenda includes the nomination of Emilio Gonzalez to be Director of the Department of Homeland Security's (DHS) Bureau of Citizenship and Immigration Services. The SJC frequently cancels of postpones hearings without notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. See, notice. Location: Room 226, Dirksen Building.

3:00 PM. The House Homeland Security Committee's Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity will hold a hearing titled "SCADA and the Terrorist Threat: Protecting the Nation’s Critical Control". SCADA is an acronym for supervisory control and data acquisition. It relates computer systems that monitor and control industrial facilities, such as telecommunications networks. The witnesses will include Andy Purdy (acting Director of the Department of Homeland Security's National Cybersecurity Division), Larry Todd (Department of the Interior), Sam Varnado (Sandia National Laboratory), KP Ananth (Idaho National Laboratory), William Rush (Gas Technology Institute), Alan Paller (SANS Institute). See, notice. Location: Room 311, Cannon Building.

5:00 PM. European Commission President José Manuel Barroso will speak at the Johns Hopkins School of Advanced International Studies. See, notice. For more information, contact Felisa Klubes at 202 663-5626 or fklubes at jhu dot edu. Location: 1740 Massachusetts Ave., NW.

6:00 - 9:00 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "What Every Lawyer Needs to Know About Antitrust Law". The speakers will include William Kovacic (George Washington University Law School), Michael Brockmeyer (DLA Piper Rudnick Gray Cary), and Laura Wilkinson (Weil Gotshal & Manges). The price to attend ranges from $70-$125. For more information, call 202 626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

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

10:00 AM. The U.S. Sentencing Commission (USSC) will hold a meeting. The agenda includes "Vote on Emergency Amendment on Intellectual Property". See, notice. For more information, contact Michael Courlander at 202 502-4590. Location: Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE, Suite 2-500 (South Lobby).

TIME CHANGE. 10:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Reporters' Privilege Legislation: An Additional Investigation of Issues and Implications". The scheduled witnesses are Chuck Rosenberg (U.S. Attorney for the Southern District of Texas), Judith Miller (The New York Times), David Westin (President of ABC News), Joseph diGenova (diGenova & Toensing), Anne Gordon (Managing Editor of the Philadelphia Inquirer), Dale Davenport (Editorial Page Editor of the The Patriot-News of Harrisburg, Pennsylvania), and Steven Clymer (Cornell Law School). The SJC frequently cancels of postpones hearings without notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. See, notice. Location: Room 226, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) State and Local Practice Committee will host a brown bag lunch. The speaker will be Monica Desai, Chief of the Federal Communications Commission's (FCC) Consumer & Governmental Affairs Bureau. RSVP to ann at fcba dot org. Location: FCC, 445 12th St., SW, Conference Room 4-B516.

12:30 - 2:00 PM. The Heritage Foundation will host a panel discussion titled "Must-Change TV?: Congress and Digital Television". The speakers will be Thomas Hazlett (George Mason University, Peter Pitsch (Intel), Charles Cooper (Cooper and Kirk), J.H. Snider (New America Foundation), and James Gattuso (Heritage). See, notice. Location: Lehrman Auditorium, Heritage, 214 Massachusetts Ave., NE.

2:00 PM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Protecting Property Rights After Kelo". See, notice. Press contact: Lisa Miller (Barton) at 202 225-5735 or Paul Flusche (Stearns) at 202 225-5744. Location: Room 2123, Rayburn Building.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights  may hold a hearing titled "Video Competition in 2005 -- More Consolidation, or New Choices for Consumers?". The scheduled witnesses are Glenn Britt (Ch/CEO of Time Warner Cable), Kyle McSlarrow (P/CEO of the NCTA), Walter McCormick (P/CEO of the U.S. Telecom Association), Doron Gorshein (P/CEO of The America Channel), Peter Aquino (P/CEO of RCN Corporation), Scott Cleland (CEO of Precursor), and Mark Cooper (Consumer Federation of America). See, notice. The SJC frequently cancels of postpones hearings without notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

2:00 - 5:00 PM. The Federal Communications Commission's (FCC) Network Reliability and Interoperability Council (NRIC) will meet. The agenda includes "E911 implementation and evolution, network security, network reliability, and broadband". See, FCC notice [PDF] and notice in the Federal Register, September 28, 2005, Vol. 70, No. 187, at Page 56690. Location: FCC, Commission Meeting Room, 445 12th Street, SW.

2:30 - 6:00 PM. The Broadcasting Board of Governors will hold a meet to discuss international broadcasting. See, notice in the Federal Register, October 17, 2005, Vol. 70, No. 199, at Page 60278. Location: Cohen Building, Room 3321, 330 Independence Ave., SW.

RESCHEDULED FOR OCTOBER 20. 2:30 PM. The Senate Commerce Committee will meet to mark up four bills: S __, a DTV bill, S 1753, the "Warning, Alert, and Response Network Act", S 967, the "Truth in Broadcasting Act of 2005", and S 1063, the "IP-Enabled Voice Communications and Public Safety Act of 2005". See, notice. Location: Room SDG-50, Dirksen Building.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Introduction to Export Controls". The speakers will include Thomas Scott (Weadon & Associates). The price to attend ranges from $80-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers' Committee will host an event titled "Happy Hour". For more information, contact Pam Slipakoff at pamslip at yahoo dot com. Location: Circle Bistro, One Washington Circle Hotel, One Washington Circle.

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

9:00 AM - 3:00 PM. The Department of Justice's (DOJ) Office of Justice Programs's (OJP) Global Justice Information Sharing Initiative Federal Advisory Committee will meet. See, notice in the Federal Register, August 16, 2005, Vol. 70, No. 157, at Page 48195. Location: Sheraton Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, VA.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The SJC frequently cancels of postpones meetings without notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 PM. The House Science Committee will hold a hearing titled "Science, Technology, and Global Economic Competitiveness". The witnesses will be Norman Augustine, former Ch/CEO of Lockheed Martin, Roy Vagelos, former Ch/CEO of Merck & Co., and William Wulf, President of the National Academy of Engineering and Vice-Chair of the National Research Council. Press contact: Joe Pouliot at Joe dot Pouliot at mail dot house dot gov or 202 225-6371. Location: Room 2318, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Federal and State Regulation of the U.S. Wireless Telecom Industry: Striking the Right Balance". The speakers will include Chuck Davidson (former Florida PUC Commissioner), Debra Berlyn (AARP), John Rogovin (Wilmer Cutler Hale & Dorr, former FCC General Counsel). The price to attend ranges from $15-$25. For more information, call 202 626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

DATE, TIME AND LOCATION CHANGE. 2:00 PM. The Senate Commerce Committee will meet to mark up four bills: S __, a DTV bill, S 1753, the "Warning, Alert, and Response Network Act", S 967, the "Truth in Broadcasting Act of 2005", and S 1063, the "IP-Enabled Voice Communications and Public Safety Act of 2005". See, notice. Location: Room 325, Russell Building.

2:00 - 4:30 PM. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy (ACICIP) will meet. The agenda for this meeting includes "industry input for the first meeting of the newly-formed U.S.-India Information and Communications Technologies Working Group" and "a status report on preparations for the second phase of the World Summit on the Information Society, which will take place in Tunis, Tunisia from November 16-18, 2005. Contact Robert Watts at wattsrm at state dot gov by 5:00 PM to request permission to attend. See, notice in the Federal Register, September 30, 2005, Vol. 70, No. 189, at Page 57350. Location: Loy Henderson Auditorium, Truman Building, DOS, 2201 C Street, NW.

4:00 PM. The House Armed Services Committee's Subcommittee on Tactical Air and Land Forces  and Intelligence Committee's Subcommittee on Technical and Tactical Intelligence will hold a joint hearing on the Aerial Common Sensor (ACS) program. This program involves the development of a long range manned aircraft for surveillance and intelligence gathering operations, including communications intelligence (COMINT), electronic intelligence (ELINT), electro optical (EO), infrared (IR), synthetic aperture radar (SAR), and moving target indicator (MTI). The scheduled witnesses include Claude Bolton, Assistant Secretary of the Army (Acquisition, Logistics and Technology). Location: Room 2118, Rayburn Building.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Annual Fall Reception with the FCC Bureau Chiefs". The price to attend ranges from $20-$75. See, registration form [PDF]. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave, NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Verizon v. FCC, No. 04-1331. Judges Ginsburg, Rogers and Griffith will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the joint petition filed by CTIA and the Rural Cellular Association (RCA) requesting relief of the FCC's requirement that wireless licensees that employ a handset based Enhanced 911 (E911) Phase II location technology achieve 95% penetration of location capable handsets among their subscribers by December 31, 2005. See, FCC notice [4 pages in PDF]. This proceeding is WT Docket No. 05-288. This is also the deadline to submit initial comments regarding Alltel's related petition. See, notice [PDF] in WT Docket No. 05-287. This is also the deadline to submit initial comments regarding Sprint Nextel's related petition. See, notice [PDF] in WT Docket No. 05-286.

12:00 NOON. Adam Mossoff (Michigan State University College of Law) will deliver a paper titled "Who Cares What Thomas Jefferson Thought About Patents: Reconsidering the Patent 'Privilege' in Historical Context". This event is a part of the George Washington University Law School's (GWULS) intellectual property workshop series. RSVP by Tuesday, October 18, to Rosalie Kouassi at rkouassi at law dot gwu dot edu. Location: GWULS, Faculty Conference Center, 5th Floor Burns, 716 20th St., NW.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Engineering & Technical Practice Committee will host a brown bag lunch. The topic will be a discussion of upcoming activities. RSVP to Deborah Wiggins at dwiggins at g2w2 dot com. Location: Goldberg Godles Wiener & Wright, 1229 19th Street, NW.

Day one of a two day conference hosted by the Bureau of Industry and Security (BIS) titled "18th Annual Update 2005 Conference on Export Controls and Policy". See, conference web site. The price to attend ranges from $550-675. Location: Renaissance Hotel, Washington DC.

Day one of a three day conference hosted by the Intellectual Property Owners Association (IPO) titled "4th  International Judges Conference on Intellectual Property Law". The only event on Monday, October 24 is a dinner and reception at the Library of Congress. See, conference brochure [PDF].

The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will host a one day event titled "Competition and Real Estate Workshop". On September 8, 2005, the DOJ filed a complaint in District Court against the National Association of Realtors (NAR). See, story titled "DOJ Sues National Association of Realtors for Obstructing Internet Based Brokers" in TLJ Daily E-Mail Alert No. 1,210, September 9, 2005. See, FTC notice and notice in the Federal Register, September 8, 2005, Vol. 70, No. 173, at Pages 53362 - 53364. Location: FTC, Satellite Building Conference Center, 601 New Jersey Ave., NW.

11:30 - 2:00 PM. The Heritage Foundation will host a panel discussion titled "Hanging Up on Regulation: The Case for Telecom Reform". The speakers will be Sen. John Ensign (R-NV), James Gattuso (Heritage), and Michael Franc (Heritage). See, notice. Location: Lehrman Auditorium, Heritage, 214 Massachusetts Ave., NE.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers and Diversity Committees will host a brown bag lunch. The topic will be "Welcome to the Communications Bar". The speakers will include FCBA President Michele Farquhar (Hogan & Hartson), Russell Frisby (Kirkpatrick Lockhart Nicholson Graham). RSVP to Wendy Parish at wendy at fcba dot org. For more information, contact Natalie Roisman at 202 418-1655 or Jason Friedrich at 202 354-1340. Location: Akin Gump, 1333 New Hampshire Ave., NW, 10th Floor.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) Laboratory Division will hold a round table titled "Radiofrequency Exposure Compliance Procedures for evaluating 3-G Portable Devices". For more information, contact Patricia Wright at 301 362-3001 or patricia dot wright at fcc dot gov. See, notice [PDF]. Location: Conference Room, FCC Laboratory, 7435 Oakland Mills Road, Columbia, MD.

Day two of a two day conference hosted by the Bureau of Industry and Security (BIS) titled "18th Annual Update 2005 Conference on Export Controls and Policy". See, conference web site. The price to attend ranges from $550-675. Location: Renaissance Hotel, Washington DC.

Day two of a three day conference hosted by the Intellectual Property Owners Association (IPO) titled "4th  International Judges Conference on Intellectual Property Law". Jon Dudas, head of the U.S. Patent and Trademark Office (USPTO), will deliver the luncheon address. See, conference brochure [PDF]. Location: Mandarin Oriental Hotel, between Maine and Maryland Avenues, and 12th and 14th Streets, SW.

Deadline to submit recommendations to the Department of Commerce's National Technical Information Service (NTIS) regarding candidates to be members of the NTIS Advisory Board. See, notice in the Federal Register, August 26, 2005, Vol. 70, No. 165, at Page 50303.