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April 1, 2008, Alert No. 1,740.
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Grand Jury Indicts Software Engineer for Theft of Communications Software Trade Secrets

4/1. A grand jury of the U.S. District Court (NDIll) returned an indictment [7 pages in PDF] that charges Hanjuan Jin with three counts of violation of 18 U.S.C. § 1832(a)(3) in connection with her alleged theft of  trade secrets of her employer, regarding E911 communications software, just prior to quitting her job to go to work for a company in the People's Republic of China (PRC).

The indictment does not identify the U.S. company, other than as "Company A". However, it states that the company is "based in the Chicago suburbs" and that its sells "telecommunications products and services". The Department of Justice's (DOJ) Office of the U.S. Attorney for the Northern District of Illinois stated in a release [PDF] that Jin lives in Shaumburg, Illinois.

Motorola is based in Shaumburg, a suburb of Chicago.

The indictment states the Jin was a "software engineer" who developed "telecommunications software" for her U.S. employer.

The indictment alleges while working for this U.S. company, she negotiated for employment with a company based in the PRC. Then, within a three day span she "downloaded technical documents" from her U.S. employer's "secure internal computer network", notified her U.S. employer of her resignation, and attempted to board a flight to the PRC, with a one way ticket, and "over 1,000 electronic and paper documents belonging to" her U.S. employer.

The three count indictment lists three documents by title: "Support for Horizontal Dispatch Networking SAD-172", "EOTD-based E911 Location without HAMR", and "Base Station System MOBIS Call Processing Interface Specification".

Communications centers in which the person taking calls is also the dispatcher are sometimes referred to a "horizontal dispatch centers". EOTD may be an acronym for "enhanced observed time difference of arrival". MOBIS may be an acronym for "mobile system"; although, it is also an acronym for "mission oriented business integrated services".

Section 1823(a)(3) of the Criminal Code provides in part that "Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly ... receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization ... shall ... be fined under this title or imprisoned not more than 10 years, or both".

The DOJ also seeks forfeiture of one laptop computer, one external data storage device, three hard drives, one flash memory thumb device, and three CD-Rs.

Patrick Fitzgerald, the U.S. Attorney for the Northern District of Illinois, stated in the DOJ release that "We have to be vigilant in preserving the integrity of trade secrets to provide an honest playing field among business competitors, whether foreign or domestic. Trade secrets often are a business’s most valuable assets, and protecting them from theft and betrayal is a high priority for law enforcement".

This case is U.S.A. v. Huanjan Jin, U.S. District Court for the Northern District of Illinois, Eastern Division, D.C. No. 08 CR 192.

NTIA Completes Mid-Term Review of JPA with ICANN

4/2. The National Telecommunications and Information Administration (NTIA) issued a release that states that it conducted a "mid-term review" of its Joint Project Agreement (JPA) with the Internet Corporation for Assigned Names and Numbers (ICANN).

The NTIA and ICANN signed this JPA on September 29, 2006. The ICANN now asserts that the JPA is no longer necessary. The NTIA continues to disagreee.

The NTIA stated that "there was general consensus on the need to preserve the security and stability of the DNS and the recognition that ICANN is the appropriate technical coordinator of the Internet DNS. ICANN has made significant progress in several key areas, but most participants agree that important work remains to increase institutional confidence through implementing effective processes that will enable: long term stability; accountability; responsiveness; continued private sector leadership, stakeholder participation; increased contract compliance; and enhanced competition."

It added that "the Internet Assigned Numbers Authority (IANA) functions contract was not part of the JPA mid-term review."

The NTIA also stated that "Over the next eighteen months, NTIA will continue to monitor ICANN’s performance in meeting the ten responsibilities articulated in the annex to the JPA. Furthermore, NTIA remains fully committed to the 2005 U.S. Principles on the Internet's Domain Name and Addressing System."

The Information Technology and Innovation Foundation (ITIF) submitted a comment to the NTIA in February in which it argued that "While ICANN cites many accomplishments, none of these provide sufficient reason for NTIA to terminate the JPA with ICANN. Instead the Department of Commerce should continue to support the management of the Internet domain name system by the private sector, and develop a framework for the long-term viability of ICANN. Until that framework is available, the Department of Commerce must continue to maintain its historic role and relationship with ICANN."

See also, NTIA notice regarding this review, Federal Register, November 2, 2007, Vol. 72, No. 212, at Pages 62220-62222.

Kroes Asserts that EC Antitrust Enforcement is Not Socialist

3/28. Neelie Kroes, the European Commissioner for Competition Policy, gave a speech in Washington DC on March 28, 2008, in which she defended EC actions against U.S. tech companies. She also gave a related speech in Brussels, Belgium, titled "Competition Policy Objectives" on March 26.

The EC has recently initiated or taken actions against several U.S. technology companies with respect to single firm conduct, in which the EC has failed to articulate sound economic rationales for its actions, and when U.S. antitrust regulators have not initiated or taken any action.

See, story titled "EC Demands More Money From Microsoft" in TLJ Daily E-Mail Alert No. 1,723, February 26, 2008.

Nellie KroesKroes (at left) stated in her Washington speech that "Europe and its competition policies have a reputation on this side of the Atlantic for being anti-business, socialist even -- if you believe some commentators in the Wall Street Journal. But if you believe what you read on the opinion pages of the Wall Street Journal -- there's a canal in Amsterdam that I would like to sell you!"

She asserted that the US and EC "are heading in the same direction", that "We have similar starting points in attitude and at the end of the day we are working towards the same goal: competitive markets as a basis for prosperity."

She also said that "We have the luxury of learning from your experiences in this area -- and it's no great secret they aren't all positive. But the fundamental issue is that at present Europe has no effective means for private actions -- depriving us of many eyes and ears in the fight against competition problems. We rely almost solely on public enforcement -- such as fines -- and this must change. We are working to ensure our proposals exclude incentives for litigation without merit, but we hope to develop a new way delivering justice to the victims of competition problems. And we will partially close the gap between our two systems as we do it."

She stated in her Brussels speech that the EC is "working on more sophisticated tools in our Antitrust Damages White Paper. This will be launched in the coming weeks".

She added that "It will deliver a sensible means for justice when consumers have suffered -- and I wish to make clear that I believe this is possible without the litigation excesses that have developed in the United States."

Supreme Court Denies Certiorari in Case Regarding FBI Search of Congressional Office

3/31. The Supreme Court denied certiorari in U.S. v. Rayburn House Office Building. This lets stand the August 3, 2007, opinion [37 pages in PDF] of the U.S. Court of Appeals (DC). See, Orders List [9 pages in PDF] at page 3.

This case arises out of an 18 hour Federal Bureau of Investigation (FBI) search of the Room 2113 of the Rayburn House Office Building, the office of Rep. William Jefferson (D-LA), without the consent of, prior notice to, or affording an opportunity to be present to, either Rep. Jefferson, or the House of Representatives. The FBI raid began on Saturday night, May 20, 2006.

The search, which was pursuant to a District Court warrant, trampled on the doctrine of separation of powers, and the speech or debate clause of the Constitution. Nevertheless, the District Court issued a warrant, and then upheld the lawfulness of the search.

The District Court wrote in its Memorandum Opinion [28 pages in PDF] that "the search executed on Congressman Jefferson's congressional office was constitutional, as it did not trigger the Speech or Debate Clause privilege, did not offend the principle of the separation of powers, and was reasonable under the Fourth Amendment." See, story titled "District Court Denies Rep. Jefferson's Motion for Return of Property" in TLJ Daily E-Mail Alert No. 1,408, July 11, 2006. Rep. Jefferson appealed to the U.S. Court of Appeals (DC).

The Department of Justice obtained an indictment of Jefferson from a grand jury of the U.S. District Court (DC). See, story titled "Rep. Jefferson Indicted" in TLJ Daily E-Mail Alert No. 1,590, June 4, 2007.

The Court of Appeals viewed the raid differently. It held that "the compelled disclosure of privileged material to the Executive during execution of the search warrant for Rayburn House Office Building Room 2113 violated the Speech or Debate Clause and that the Congressman is entitled to the return of documents that the court determines to be privileged under the Clause."

It continued. "We do not, however, hold, in the absence of a claim by the Congressman that the operations of his office have been disrupted as a result of not having the original versions of the non-privileged documents, that remedying the violation also requires the return of the non-privileged documents. The Congressman has suggested no other reason why return of such documents is required pursuant to Rule 41(g) and, in any event, it is doubtful that the court has jurisdiction to entertain such arguments following the return of the indictment against him while this appeal was pending."

The Court of Appeals further held that "the FBI agents who executed the search warrant shall continue to be barred from disclosing the contents of any privileged or “politically sensitive and non-responsive items,” ... and they shall not be involved in the pending prosecution or other charges arising from the investigation described in the warrant affidavit other than as regards responsiveness".

The Department of Justice filed a petition for writ of certiorari. It argued that "The court's novel and expansive non-disclosure privilege incorrectly extends the Speech or Debate Clause's limited protections to search warrants, and, in so doing, casts doubt on searches of other places and a wide range of other investigatory techniques deemed essential to ferreting out corruption and criminal conduct by both Members of Congress and persons who deal with them. The court's decision warrants review by this Court be cause it fundamentally misinterprets a crucial structural guarantee in the Constitution. Its effect is to critically undermine the Executive Branch's ability to investigate and prosecute corrupt activity in and affecting the Legislative Branch."

See also, DOJ reply brief.

This case is U.S. v. Rayburn House Office Building, Room 2113, Supreme Court of the U.S., Sup. Ct. No. 07-816, a petition for writ of certiorari to the U.S. Court of Appeals for the District of Columbia, App. Ct. No. 06-3105. See also, Supreme Court docket.

Rep. McDermott Owes One Million Dollars in Attorneys Fees to Rep. Boehner in Wiretap Case

3/31. The U.S. District Court (DC) issued a Memorandum Opinion [PDF] in Boehner v. McDermott, on the issue of attorneys fees. In short, it held that Rep. Jim McDermott (D-WA) owes Rep. John Boehner (R-OH) in attorneys fees incurred in an action arising out of Rep. McDermott's violation of the Wiretap Act.

Previously, the District Court held, and the Court of Appeals affirmed, that Rep. McDermott violated the wiretap statute,18 U.S.C. § 2511, and can be held civilly liable to Rep. Boehner for damages.

Back in 1996, Rep. Boehner participated in a telephone conference call, by cell phone, with several House Republican leaders. John and Alice Martin used a radio scanner to intercept the conversation. They also made an audio recording of the conversation. They delivered the recording to Rep. McDermott, along with a cover letter that stated that the recording contained "a conference call heard over a scanner".

Rep. McDermott disclosed the contents of the recording to the New York Times (NYT), and the Atlanta Constitution Journal. The NYT then published a news story based upon the contents of the recorded telephone conversation.

The Martins were promptly charged with, and pled guilty to, criminal violation of the Wiretap Act, and in particular, 18 U.S.C. § 2511.

Rep. Boehner filed a civil complaint in the District Court against Rep. McDermott alleging violation of 18 U.S.C. § 2511. Rep. McDermott engaged in a lengthy defense, including appeals.

For coverage of this case, and hyperlinks to opinions in this and similar cases, see:

Rep. Boehner ultimately prevailed on his Section 2511 claim. The District Court awarded Rep. Boehner $10,000 in statutory damages, $50,000 in punitive damages, and reasonable attorney fees and costs. The just released opinion addresses the amount of attorneys fees.

The District Court awarded Rep. Boehner most of what he requested, about one million dollars.

This case is Boehner v. McDermott, U.S. District Court for the District of Columbia, D.C. No. 98cv00594, Judge Thomas Hogan presiding.

DHS Grants REAL ID Extensions

4/2. The Department of Homeland Security (DHS) announced in a release that it has "granted REAL ID extensions to all 56 U.S. jurisdictions", including the state of Maine.

The REAL ID Act of 2005 federalizes the state identification document process, and mandates state electronic databases and data sharing. The DHS has also promulgated regulations. The granting of extensions delays the resolution of disputes between certain states and the DHS regarding the statute and rules.

The DHS asserted in its release that these extensions ensure that "driver's licenses and ID cards across the country will achieve a higher security standard, and that all will continue to be acceptable for official purposes after the May 11, 2008 deadline mandated by Congress in the REAL ID Act of 2005."

The DHS added that Maine "committed today to take significant additional steps to achieve a level of security commensurate with REAL ID. Specifically, Maine Governor John Baldacci will seek legislation to halt Maine’s current practice of issuing licenses to those not lawfully present in the United States. Maine will also begin capturing and retaining photographs of individuals applying for a state ID, even if no ID is issued."

 See also, story titled "Maine Rejects READ ID Act" in TLJ Daily E-Mail Alert No. 1,528, January 29, 2007.

People and Appointments

4/1. The Senate confirmed Kevin O'Connor to be the Associate Attorney General. See, Congressional Record, April 1, 2008, at Page S2312

4/2. President Bush nominated Elaine Duke to be Under Secretary for Management at the Department of Homeland Security (DHS). See, White House release.

4/1. Rep. Steny Hoyer (D-MD), the House Majority Leader, promoted Deputy External Relations Director Sudafi Henry to Counsel and Senior Policy Advisor. He replaces Gina Mahony, who will go to work for Brownstein Hyatt Farber & Schreck. See, release.

4/1. Sen. Arlen Specter (R-PA) gave a speech in the Senate regarding delay of judicial nominations by Senate Democrats. He said that "there has not been one confirmation of a Federal judge this year. Since September 25th of last year, there has only been one hearing for a circuit judge, and that was on February 21, in the midst of a recess". He added that "Now we have a desperate situation where judicial emergencies exist in many of these courts, and the Senate is not acting to confirm judges to fill those seats." Sen. Specter did not disclose that Senate Democrats are not acting on nominations in part out of their expectations that a Democrat will be elected President in November of 2008, and that this Democratic President will then appoint Democrats to these open judicial positions.

Washington Tech Calendar
New items are highlighted in red.
Thursday, April 3

The House will meet at 10:00 AM for legislative business. It will consider HR 4847 [LOC | WW], the "U.S. Fire Administration Reauthorization Act of 2008". See, Rep. Hoyer's schedule for week of March 31 and schedule for April 3.

The Senate will meet at 9:30 AM. It will resume consideration of HR 3221 [LOC | WW], the "Renewable Energy and Energy Conservation Tax Act of 2007".

8:00 AM - 6:00 PM. The National Science Foundation's (NSF) Directorate for Mathematical and Physical Sciences Advisory Committee will meet. See, notice in the Federal Register, March 7, 2008, Vol. 73, No. 46, at Page 12472. Location: NSF, 4201 Wilson Blvd., Arlington, VA.

10:00 AM - 6:00 PM. Day one of a two day meeting of the Architectural and Transportation Barriers Compliance Board. At 3:00-6:00 PM, the ATBCB's Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will present a report. See, notice in the Federal Register, April 1, 2008, Vol. 73, No. 63, at Pages 17302-17303. Locations: Grand Hyatt Hotel, 1000 H St., NW (for the TEITAC presentation), and Marriott at Metro Center Hotel, 775 12th St., NW (for all other events).

12:00 NOON - 2:00 PM. The ABA will host a brown bag lunch titled "FCC Reform: Changing the Institution". The speakers will be John Duffy (George Washington University School of Law), Sam Feder (Jenner & Block), Andrew Schwartzman (Media Access Project), Joe Waz (Comcast), and Randolph May (Free State Foundation). The price to attend varies. Location: ABA, 9th floor, 740 15th St., NW.

1:30 PM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice and Science will hold a hearing. The witness will be Attorney General Michael Mukasey. The hearing will be web cast by the HAC. Location: Room 2359, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of SRes  468, designating April 2008 as National 9-1-1 Education Month, and S 2533 [LOC | WW], the "State Secrets Protection Act". The agenda also includes consideration of Catharina Haynes (to be a Judge of the U.S. Court of Appeals for the 5th Circuit) and Rebecca Ann Gregory (U.S.D.C., E.D. Texas). The SJC rarely follows its published agendas. Most of the above listed agenda items have been on prior agendas. Location: Room 226, Dirksen Building.

1:30 PM. The House Appropriations Committee's (HAC) Select Intelligence Oversight Panel will hold a closed hearing titled "Comprehensive National Cybersecurity Initiative". Location: Room H-140, Capitol Building.

2:15 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Mark Davis (U.S.D.C., Eastern District of Virginia), David Kays (U.S.D.C., Western District of Missouri), David Novak (U.S.D.C., Eastern District of Virginia), Stephen Limbaugh (U.S.D.C., Eastern District of Missouri), and Elisebeth Cook (Assistant Attorney General in charge of the Office of Legal Policy). See, notice. Location: Room 226, Dirksen Building.

6:00 PM. Deadline for the winning bidders in Auction 73 to have on deposit with the Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover down payments on their winning bids. See, notice.

6:00 PM. Deadline for the winning bidders in Auction 73 to submit to the Federal Communications Commission (FCC) FCC Forms 601 and 602. See, notice.

6:00 PM. The anti-collusion period for Auction 73 ends. See, notice.

EXTENDED TO APRIL 17. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the Recommended Decision of the Federal-State Joint Board on Universal Service, released on November 20, 2007, regarding comprehensive reform of high cost universal service taxes and subsidies. The FCC adopted this NPRM on January 15, 2008, and released the text on January 29, 2008. It is FCC 08-02 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11587-11591. See also, notice [PDF] of extension (DA 08-674).

EXTENDED TO APRIL 17. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the use of reverse auctions to determine the amount of high cost universal service subsidies provided to eligible telecommunications carriers serving rural, insular, and high cost areas. The FCC adopted this NPRM on January 9, 2008, and released the text on January 29, 2008. It is FCC 08-05 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11591-11602. See also, notice [PDF] of extension (DA 08-674).

EXTENDED TO APRIL 17. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the FCC's rules governing the amount of high cost universal service subsidies provided to competitive eligible telecommunications carriers (ETCs). This NPRM also tentatively concludes that the FCC should eliminate the existing identical support rule, which is also known as the equal support rule. The FCC adopted this NPRM on January 9, 2008, and released the text on January 29, 2008. It is FCC 08-04 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11580-11587. See also, notice [PDF] of extension (DA 08-674).

Day two of a three day conference hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriot Hotel.

Friday, April 4

See, Rep. Hoyer's schedule for week of March 31 states that "no votes are expected in the House".

8:00 AM - 3:00 PM. The National Science Foundation's (NSF) Directorate for Mathematical and Physical Sciences Advisory Committee will meet. See, notice in the Federal Register, March 7, 2008, Vol. 73, No. 46, at Page 12472. Location: NSF, 4201 Wilson Blvd., Arlington, VA.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. The agenda includes digital television transition issues. See, FCC notice and notice in the Federal Register, March 17, 2008, Vol. 73, No. 52, at Page 14249. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

9:00 AM - 5:00 PM. Day two of a two day meeting of the Architectural and Transportation Barriers Compliance Board. From 9:00 AM to 3:30 PM, the meeting will be closed to the public. See, notice in the Federal Register, April 1, 2008, Vol. 73, No. 63, at Pages 17302-17303. Location: Marriott at Metro Center Hotel, 775 12th St., NW.

Day three of a three day conference hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriot Hotel.

Monday, April 7

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Voda v. Cordis, App. Ct. No. 2007-1297. Location: Courtroom 201, 717 Madison Place, NW.

EXTENDED FROM MARCH 24. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding pole attachments and 47 U.S.C. § 224. The FCC adopted this NPRM on October 31, 2007, and released the text [40 pages in PDF] on November 20, 2007. This NPRM is FCC 07-187 in WC Docket No. 07-245. See, notice in the Federal Register, February 6, 2008, Vol. 73, No. 25, at Pages 6879-6888, and story titled "FCC Sets Comments Deadlines for Pole Attachments NPRM" in TLJ Daily E-Mail Alert No. 1,714, February 8, 2008. See also, notice of extension in the Federal Register, February 12, 2008, Vol. 73, No. 29, at Page 8028.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding interference protection rights for LPFM stations. The FCC adopted this item on November 27, 2007, and released the text on December 11, 2007. It is FCC 07-204 in MB Docket No. 99-25. See, notice in the Federal Register, March 6, 2008, Vol. 73, No. 45, at Pages 12061-12065, and Public Notice [PDF] (DA 08-531).

Tuesday, April 8

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cygnus Telecom v. Telesys Communications, App. Ct. No. 2007-1328, and Cygnus Telecom v. AT&T, App. Ct. No. 2007-1023. Location: Courtroom 201, 717 Madison Place, NW.

The U.S. Court of Appeals (FedCir) will hear oral argument in Luma v. Stryker, App. Ct. No. 2007-1353, a patent infringement case involving endoscopy medical devices -- Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Jang v. Boston Scientific, App. Ct. No. 2007-1385, a patent case involving stent technology. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ricoh v. Quanta Computer, App. Ct. No. 2007-1567. Location: Courtroom 203, 717 Madison Place, NW.

9:00 AM - 4:00 PM. The President's Council of Advisors on Science and Technology (PCAST) will meet. The agenda includes, among other items, a panel on "approaches and barriers to research partnerships among universities and the private sector" and a "briefing on the 2008 Science and Engineering Indicators developed by the National Science Board". See, notice in the Federal Register, March 25, 2008, Vol. 73, No. 58, at Pages 15755-15756. Location: Room 100, Keck Center of the National Academies, 500 5th St., NW.

9:30 AM. The U.S. Court of Appeals (DC) will hear oral argument in Comcast v. FCC, App. Ct. No. 07-1445. This is Comcast's petition for review of the Federal Communications Commission's (FCC) Memorandum Opinion and Order (MO&O) [20 pages in PDF] released on September 4, 2007, denying Comcast's request for a waiver of the integration ban for set top boxes. See, story titled FCC Denies Comcast's Request for Waiver of Integration Ban in TLJ Daily E-Mail Alert No. 1,636, September 7, 2007. This MO&O is FCC 07-127 in CS Docket No. 97-80. See also, FCC brief [103 pages in PDF]. Judges Ginsburg, Griffith and Silberman will preside. This is the first of three cases on the agenda. Location: 333 Constitution Ave., NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Federal Trade Commission Reauthorization". The witnesses will be the five Commissioners of the FTC. See, notice. Location: Room 253, Russell Building.

10:00 AM. The President's Export Council (PEC) will meet. See, notice in the Federal Register, March 12, 2008, Vol. 73, No. 49, at Page 13208. Location: Department of Commerce, Room 4830, 1401 Constitution Ave., NW.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council will meet. See, notice in the Federal Register, March 10, 2008, Vol. 73, No. 47, at Page 12747. Location?

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on submission of contributions to CITEL PCC.II. (This is the Organization of American States Inter-American Telecommunication Commission's (CITEL) Permanent Consultative Committee II (PCC.II). See, notice in the Federal Register, February 28, 2008, Vol. 73, No. 40, at Page 10854. Location: FCC, 445 12th St., SW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Oversight of the DTV Transition". See, notice. Location: Room 253, Russell Building.

6:00 - 9:15 PM. The DC Bar Association will host part two of a two part program titled "Preserving Intellectual Property Rights in Government Contracts Series: A Beginner's Guide". The price to attend ranges from $80 to $115. For more information, contact 202-626-3488. See, notice. This event qualifies for continuing legal education (CLE) credits. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Wednesday, April 9

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a lecture by Bill Hefley, editor of the book [Amazon] titled "Service Science, Management and Engineering: Education for the 21st Century". This event is free and open to the public. Coffee and pastries will be served. See, notice and registration page. Location: ITIF, Suite 200, 1250 Eye St., NW.

6:00 - 9:00 PM. The DC Bar Association will host an event titled "50th Anniversary Celebration: BADC Patent Trademark & Copyright Section". For more information, contact MaryEva Candon at 202-223-5447. The price to attend ranges from $75 to $100. See, notice. Location: Dolley Madison House, U.S. Court Of Appeals for the Federal Circuit, 1520 H St., NW.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its proposal to revise its rules of practice pertaining to any claim using alternative language to claim two or more independent and distinct inventions (Alternative Claims Notice of Proposed Rule Making). This is also the deadline to submit comments regarding the USPTO's initial regulatory flexibility analysis (IRFA) on this proposed change to the rules of practice. See, notice in the Federal Register, March 10, 2008, Vol. 73, No. 47, at Pages 12679-12684.

More News

4/2. The Copyright Royalty Judges published a notice in the Federal Register in which they announced "the commencement of a proceeding to determine the Phase I distribution of 2000, 2001, 2002, and 2003 royalties collected under the cable statutory license." The deadline to submit petitions to participate, and the accompanying $150 fee, is May 2, 2008. See, Federal Register, April 2, 2008, Vol. 73, No. 64, at Pages 18004-18005.

4/1. The Federal Trade Commission (FTC) issued a release regarding the do not call registry and cell phones. It wrote that "despite the claims made in e-mails circulating on the Internet, consumers should not be concerned that their cell phone numbers will be released to telemarketers in the near future, and that it is not necessary to register cell phone numbers on the National Do Not Call (DNC) Registry to be protected from most telemarketing calls to cell phones."

4/1. The House amended and approved HR 1312 [LOC | WW], the "Arts Require Timely Service Act", or ARTS Act, a bill to amend the Immigration and Nationality Act to expedite adjudication of employer petitions for aliens of extraordinary artistic ability.

4/1. The Office of the U.S. Trade Representative (OUSTR) announced that USTR Susan Schwab and Ukrainian Minister of Economy Bohdan Danylyshyn signed a Trade and Investment Cooperation Agreement (TICA). The OUSTR stated in a release that this agreement provides for the creation of a U.S.-Ukraine Council on Trade and Investment that will address, among other issues, intellectual property, investment, and market access.

4/1. The U.S. Patent and Trademark Office (USPTO) announced in a release that the USPTO and the Intellectual Property Office of Australia "will launch a new trial cooperation initiative called the Patent Prosecution Highway" that will "leverage fast-track patent examination procedures already available in both offices to allow applicants in both countries to obtain corresponding patents faster and more efficiently."

3/31. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces, describes, and sets comment deadlines for, it Further Notice of Proposed Rule Making regarding public safety communications in the 800 MHz band. The FCC proposes to eliminate, as of January 1, 2009, the requirement that Broadcast Auxiliary Service (BAS) licensees in the thirty largest markets and fixed BAS links in all markets be transitioned before the Mobile Satellite Service (MSS) operators can begin offering service. The FCC also seeks comment on how to mitigate interference between new MSS entrants and incumbent BAS licensees who have not completed relocation before the MSS entrants begin offering service. The FCC also seeks comment on allowing MSS operators to begin providing service in those markets where BAS incumbents have been transitioned. The FCC adopted and released this item on March 5, 2008. This item is FCC 08-73 in WT Docket No. 02-55 and ET Docket Nos. 00-258 and 95-18. See, Federal Register, March 31, 2008, Vol. 73, No. 62, at Pages 16822-16826. Initial comments are due by April 30, 2008. Reply comments are due by May 30, 2008.

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