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May 5, 2008, Alert No. 1,760.
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DC Circuit Receives Briefs in Challenge to FCC CPNI Opt-In Rules

5/6. The Federal Communications Commission (FCC) filed its brief [85 pages in PDF] on April 30 in NCTA v. FCC, a petition for review of the FCC's 2007 CPNI Report and Order.

The National Cable & Telecommunications Association (NCTA) filed its brief [99 pages in PDF] on March 14. The EPIC and others filed an amicus curiae brief [23 pages in PDF] on May 6 in support of the FCC's opt-in rule for disclosing CPNI to joint venture partners and independent contractors.

47 U.S.C. § 222 requires carriers to keep confidential the customer proprietary network information (CPNI) that they possess. The FCC implements this section with rules.

This round of CPNI rulemaking began as a result of the August 30, 2005, petition for rulemaking filed by the Electronic Privacy Information Center's (EPIC) to address the problem of third party data brokers and private investigators who were obtaining CPNI from without authorization of customers.

That is, data brokers, private investigators, and Hewlett Packard lawyers, or their agents, were taking advantage of inadequate security through pretexting practices, such as pretending to be a customer seeking his own records.

The FCC adopted its NPRM on February 10, 2006. See, story titled "FCC Adopts NPRM Regarding Privacy of Consumer Phone Records" in TLJ Daily E-Mail Alert No. 1,308, February 13, 2006. It released the text [34 pages in PDF] on February 14, 2006. The NPRM is FCC 06-10.

FCC adopted the Report and Order under review on March 13, 2007. It released the text [PDF] on April 2, 2007. It is FCC 07-22 in CC Docket No. 96-115 and WC Docket No. 04-36.

The FCC order addresses issues other than pretexting. Pertinent to this proceeding, it modified its rules "to require carriers to obtain opt-in consent from a customer before disclosing a customer’s CPNI to a carrier's joint venture partners or independent contractors for the purposes of marketing communications related services to that customer." (See, order at paragraphs 37-50.)

The NCTA filed a petition for review [PDF] on August 7, 2007. It challenges only the FCC's rules requiring carriers and interconnected voice over internet protocol service providers to obtain opt in customer approval before disclosing CPNI to joint venture partners and independent contractors.

The NCTA wrote in its brief that the first issue is "Whether the FCC's Order violates the First Amendment by restricting protected speech in a manner that does not directly or materially advance a real and substantial governmental interest and is not narrowly tailored to the governmental interests at stake."

It wrote that the second is is "Whether the FCC's Order is arbitrary and capricious under the Administrative Procedure Act ... because it (a) imposes an ``opt-in´´ approval requirement despite the absence of record evidence to support its departure from the prior ``opt-out´´ regime, (b) fails to establish any nexus between the threat of unauthorized CPNI disclosures and the form of customer approval, and (c) neglects to evaluate the significant competitive disadvantages of the selective opt-in requirement for new entrants in the telephone services marketplace."

The FCC argued in its brief that federal consumer privacy protection regulations that impose opt-in requirements on businesses pass constitutional muster, citing the April 13, 2001, opinion of the U.S. Court of Appeals (DCCir) in Trans Union Corp. v. FTC, 245 F.3d 809. See also, story titled "Financial Privacy" in TLJ Daily E-Mail Alert No. 166, April 16, 2001, and story titled "Appeals Court Denies Rehearing for Trans Union" in TLJ Daily E-Mail Alert No. 293, October 24, 2001.

This case is NCTA v. FCC and USA, U.S. Court of Appeals for the District of Columbia Circuit, App. Ct. No. 07-1312, a petition for review of a final order of the FCC.

FCC Adopts Cap on High Cost Universal Service Support

5/1. The Federal Communications Commission (FCC) released an Order [117 pages in PDF] in its long running omnibus proceeding regarding universal service taxes and subsidies. See also, FCC release [PDF].

This order states that "we adopt an interim, emergency cap on the amount of high-cost support that competitive eligible telecommunications carriers (ETCs) may receive." (Footnote omitted.)

It adds that, with exceptions, "total annual competitive ETC support for each state will be capped at the level of support that competitive ETCs in that state were eligible to receive during March 2008 on an annualized basis."

The order offers the explanation that "the rapid growth in high-cost support places the federal universal service fund in dire jeopardy. In 2007, the universal service fund provided approximately $4.3 billion per year in high-cost support. In contrast, in 2001, high-cost universal service support totaled approximately $2.6 billion. In recent years, this growth has been due to increased support provided to competitive ETCs, which receive high-cost support based on the per-line support that the incumbent LECs receive, rather than on the competitive ETCs’ own costs. While support to incumbent LECs has been flat since 2003, competitive ETC support, in the seven years from 2001 through 2007, has grown from under $17 million to $1.18 billion". (Footnotes omitted.)

The order states that this cap "will remain in place only until the Commission adopts comprehensive high-cost universal service reform". There is nothing in the order to ensure that this cap will in fact be interim.

The FCC order also states that the FCC "plans to move forward on adopting comprehensive reform measures in an expeditious manner". This has been the stated plans of the FCC since it opened this proceeding twelve years ago.

This order is FCC 08-122 in WC Docket No. 05-337 and CC Docket No. 96-45.

Kevin MartinFCC Chairman Kevin Martin (at right) wrote in a statement [PDF] that "This action is essential to preserve and advance the benefits of the universal service program while we consider comprehensive reform."

He continued that this order "is not an end in itself, but a step on the path towards comprehensive reform. I continue to believe the long-term answer for comprehensive reform of high-cost universal service support is to move to a reverse auction methodology and to require that high-cost support be based on a carrier’s own costs."

On May 5, Scott Wallsten, of the Technology Policy Institute, released a paper [20 pages in PDF] titled "Reverse Auctions and Universal Telecommunications Service: Lessons from Global Experience". He wrote that "reverse auctions have proven themselves both feasible and effective mechanisms for reducing expenditures on universal service and for revealing information about the true costs of supplying service in rural areas. Assuming these policy goals, policymakers in the U.S. should at a minimum devise pilot projects to begin implementing this idea."

FCC Commissioners Michael Copps and Jonathan Adelstein dissented. Copps wrote in his statement [PDF] that this cap is "an illusory band-aid that is supposed to contain costs but, in reality, imposes the much heavier cost of lost opportunity to reform Universal Service". Adelstein wrote in his statement that this cap is "a step backwards in universal service policy".

Verizon's Susanne Guyer stated in a release that "This is a positive development. Comprehensive reform of universal service and intercarrier compensation makes sense for consumers and the industry. As an initial matter, it is critical to clarify the rules for VoIP and other IP-enabled services and confirm that all such services are 'interstate’ services subject to the FCC's authority. IP is an important growth engine for the entire sector, and the commission should encourage competition and a level playing field so customers enjoy new services faster."

Organization for the Promotion and Advancement of Small Telecommunications Companies (OPASTCO) President John Rose praised the order in a release [PDF], and stated that "The very future of rural networks is at stake. The USF is crucial to ensuring rural America makes the transition to the IP world. We cannot allow rural communities to founder as the demand for broadband capabilities increases."

What Shakespeare Had to Say About XBRL and Interactive Data

4/30. Securities and Exchange Commission (SEC) Chairman Chris Cox gave a speech at the Folger Shakespeare Library in Washington DC. He said, quoting William Shakespeare, that SEC disclosure statements that are designed for internet users, along with XBRL and interactive data, will enable investors to "ascend the brightest heaven of invention".

Cox also said that in the Merchant of Venice Shakespeare cautions against risky borrowing practices, and that in Hamlet, he "approves of the current round of deleveraging".

Cox spoke tagging SEC filings with eXtensible Business Reporting Lanaguage (XBRL) tags, interactive data, and mutual fund prospectuses.

He also said that "In the coming weeks, the Commission will consider a rule that sets out a schedule for data tagging by all public companies. At the same time, I expect the Commission will consider a rule for data tagging by mutual funds." This event had been scheduled for April 21, 2008, but was postponed until May 14, 2008. See, original meeting agenda and notice of postponement. Use of interactive data in SEC filings is currently voluntary.

Cox said that "What's really exciting about the summary prospectus is what investors will be able to do with it online. This is the first SEC disclosure document that has really been engineered for the Internet, with individual investors in mind. To adapt to the online world, the summary prospectus layers the disclosure from summary to granular detail, in a way that lets each investor quickly find the information they're looking for. This ``vertical´´ disclosure would enable investors to reach the level of detail that meets their individual needs."

"Combined with interactive data, the new summary information and vertical search capability will allow investors to instantly get that same information for dozens, hundreds, or even thousands of funds in order to do quick and easy comparisons." He continued that "Interactive data will let them analyze and understand financial information with an economy of effort that's never been possible before."

He also said that "you can already give mutual fund interactive data a test drive using our new" Mutual Fund Reader.

People and Appointments

Paul Atkins5/5. Securities and Exchange Commission (SEC) Paul Atkins (at right) announced in a release that he "intends to leave the SEC following the end of his term" which ends this year, and that he "plans to stay until his successor is appointed and takes office". Atkins has been an advocate of the interests of technology and other companies burdened by Section 404 of the Sarbanes Oxley Act, and its implementation.

5/2. Daniel Petri, head of Verizon's operations outside of the US, will retire, effective August 1, 2008. See, release.

5/1. Robert Brust was named Chief Financial Officer of Sprint Nextel. See, release.

More News

5/2. The Federal Communications Commission (FCC) filed its opposition [25 pages in PDF] to the National Cable & Telecommunications Association's (NCTA) emergency motion for stay in UCCOC v. FCC., consolidated petitions for review of the FCC's order that revises its leased access rules. The FCC argues that the NCTA is not entitled to a stay because it has not met the requirements for injunctive relief, and particularly, likelihood of success upon the merits. Cable operators provide video programming to their subscribers. Cable operators pay for programming. In contrast, with leased access programmers pay cable operators to lease access to cable channels. The 1984 Act requires this, and the FCC regulates this leased access, including prices. Few channels have been leased. In the order under review the FCC lowered rates for leased access, and imposed further requirements upon cable operators. This order is FCC 07-208 in MB Docket No. 07-42. This case is United Church of Christ Office of Communications v. FCC and USA, U.S. Court of Appeals for the District of Columbia Circuit, App. Ct. No. 08-3245 and consolidated cases. See also, story titled "FCC Adopts R&O and FNPRM Regarding Commercial Leased Access" in TLJ Daily E-Mail Alert No. 1,680, November 30, 2007.

5/2. The Cato Institute released a paper [5 pages in PDF] titled "The Temptation of Media Regulation". The author is Bruce Owen of Stanford University. He argues that bundling is benign and ubiquitous, and that the government should not mandate unbundling of cable channels.

5/1. The Securities and Exchange Commission (SEC) filed a civil complaint [10 MB PDF file] in U.S. District Court (SDFla) against GlobeTel Communications Corp., Timothy J. Huff, Thomas Y. Jimenez and Lawrence E. Lynch, alleging Section 10b fraud and other violations of federal securities laws in connection with an alleged a scheme to inflate GlobeTel's revenue and then hide millions of dollars of unpaid receivables and liabilities between 2004 and 2006. This case is SEC v. GlobeTel Communications Corp., et al., U.S. District Court for the Southern District of Florida, D.C. No. Case No. 08-CV-60647. See also, SEC release.

4/29. The U.S. District Court (CDCal) unsealed an indictment, that was returned on April 9, 2008, that charges Lawanda Jackson, a former employee of UCLA Medical Center, with federal crimes in connection with her accessing the private medical records of celebrity patients at the UCLA Medical Center and selling personally identifiable information obtained from those files. See, release of the Office of the U.S. Attorney for the Central District of California.

4/28. The U.S. District Court (NDCal) sentenced David M. Fish, aged 26, of Woodbury, Connecticut, to serve 30 months in prison following his plea of guilty to conspiracy to commit criminal copyright infringement, distribution of technology primarily designed to circumvent encryption technology protecting a right of a copyright owner and aiding and abetting, circumventing a technological measure that protects a copyright work and aiding and abetting, copyright infringement by electronic means, and aiding and abetting. The Office of the U.S. Attorney (NDCal) stated in a release that Fish was "site operator as well as a scripter, equipment supplier, broker and encoder for warez sites" that distributed "newly-released movies, games, software and music online". The sentence also provides for "forfeiture of computer and other equipment used in committing the copyright offenses".

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Washington Tech Calendar
New items are highlighted in red.
Tuesday, May 6

The House will meet at 10:30 AM for morning hour debate, and at 12:00 NOON for legislative business. The House is scheduled to consider HR 4279 [LOC | WW], the "Prioritizing Resources and Organization for Intellectual Property Act of 2007" or "PRO IP Act" under suspension of the rules. See, Rep. Hoyer's schedule for week of May 5, and schedule for May 6.

The Senate will meet at 10:00 AM. It will resume consideration of HR 2881 [LOC | WW], the "FAA Reauthorization Act of 2007".

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing on HR 5353 [LOC | WW], the "Internet Freedom Preservation Act of 2008". This hearing will be webcast by the HCC. The witnesses will be Kyle McSlarrow (NCTA), Mitch Bainwol (RIAA), Walter McCormick (USTelecom), Christopher Yoo (University of Pennsylvania), Michelle Combs (Christian Coalition of America), Scott Savitz (Shoebuy.com), Ben Scott (Free Press), and Steve Peterman (Writers Guide of America, West). Location: Room 2322, Rayburn Building.

10:00 AM. The House Education and Labor Committee will hold a hearing titled "Do Federal Programs Ensure U.S. Workers Are Recruited First Before Employers Hire From Abroad?". Location: Room 2175, Rayburn Building.

10:00 AM - 12:00 NOON. The House Intelligence Committee's (HIC) Subcommittee on Technical and Tactical Intelligence will hold a closed hearing on International Traffic in Arms Regulations (ITAR) regulations. See, notice. Location: Room H-405, Capitol Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in University of Texas v. Benq, App. Ct. No. 2007-1388, an appeal from the U.S. District Court (WDTex) in patent infringement case involving cell phone technology. See, web site with hyperlinks to District Court pleadings. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Technology Properties v. ARM, App. Ct. No. 2008-1020. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in AdvanceME v. RapidPay, App. Ct. No. 2007-1036, an appeal from the U.S. District Court (EDTex) in a patent infringement case involving the concept of joint infringement. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Technology Licensing v. Videotek, App. Ct. No. 2007-1441, a patent infringement case involving video signal processing. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a lecture by William Lewis titled "Unleashing the Power of Productivity at Home and Abroad". The other speaker will be Ike Brannon (Department of the Treasury). This event is free and open to the public. See, notice. Location: ITIF, Suite 200, 1250 Eye St., NW.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing titled "Hearing on the Rulemaking Process and the Unitary Executive Theory". See, notice. This hearing will be webcast by the HJC. Location: Room 2141, Rayburn Building.

3:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime will meet to mark up numerous bills. The agenda includes consideration of HR 2352 [LOC | WW], the "School Safety Enhancements Act of 2007". This bill would amend 42 U.S.C. § 3797a to authorize the Department of Justice (DOJ) to provide grants to public elementary and secondary schools for surveillance equipment. See, story titled "House Judiciary Committee to Hold Hearing on Bill to Provide Federal Funding to Schools for Surveillance Equipment" in TLJ Daily E-Mail Alert No. 1,746, April 14, 2008. Location: Room 2237, Rayburn Building.

The Computer and Communications Industry Association (CCIA) will host an event titled "2008 Washington Caucus". Prices vary. Location: Willard Hotel.

Day one of a two day workshop hosted by the Federal Trade Commission (FTC) titled "Beyond Voice: Mapping the Mobile Marketplace". See, notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:00 PM. Day one of a two day conference hosted by the Information Technology Association of America (ITAA) titled "Defending Cyberspace 2008". On May 6 there will be a reception. See, ITAA notice and conference web site. For more information, contact Jennifer Kerber at jkerber at itaa dot org. Location: Ronald Reagan International Trade Center.

Wednesday, May 7

The House will meet at 10:00 AM for legislative business. The House will consider non-technology related items. See, Rep. Hoyer's schedule for week of May 5.

8:30 - 10:00 AM. The Democratic members of the House Intelligence Committee (HIC) will hold a closed meeting titled "FY09 Intelligence Authorization Mark-up Issues". Location: Room H-405, Capitol Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominations, including Helene White (to be a Judge of the U.S. Court of Appeals for the 6th Circuit), Raymond Kethledge (6th Circuit), and Stephen Murphy (U.S.D.C., E.D. Michigan). See, SJC notice. See also, story titled "President Bush and Senate Democrats Reach Compromise on 6th Circuit Nominees" in TLJ Daily E-Mail Alert No. 1,747, April 15, 2008. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Jacobsen v. Katzer, App. Ct. No. 2008-1001, an appeal from the U.S. District Court (NDCal) in a patent and copyright case involving open source software and model trains. See, hyperlinks to District Court pleadings in Robert Jacobsen's web site titled "Java Model Railroad Interface" or "JMRI". See also, amicus brief of Creative Commons and others. Location: Courtroom 201, 717 Madison Place, NW.

11:00 AM - 1:00 PM. The House Science Committee (HSC) will meet to mark up HR 5940 [LOC | WW], the "National Nanotechnology Initiative Amendments Act of 2008". See, notice. Location: Room 2318, Rayburn Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "The REAL ID Rebellion: Whither the National ID Law?". The speakers will be Mark Sanford (Governor of the state of South Carolina), Sen. Jon Tester (D-MT), and Jim Harper (Cato). The event will be webcast by the Cato. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

2:00 PM. The House Small Business Committee's (HSBC) Subcommittee on Contracting and Technology will hold a hearing titled "The DTV Transition and Small Businesses: Small Firms Contributing to a Big Change". Location: Room 1539, Longworth Building.

Day two of a two day workshop hosted by the Federal Trade Commission (FTC) titled "Beyond Voice: Mapping the Mobile Marketplace". See, notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.

8:30 AM - 5:30 PM. Day two of a two day conference hosted by the Information Technology Association of America (ITAA) titled "Defending Cyberspace 2008". At 9:15 AM, Greg Garcia, Assistant Secretary for Cyber Security and Communication, Department of Homeland Security (DHS), will speak. See, ITAA notice and conference web site. For more information, contact Jennifer Kerber at jkerber at itaa dot org. Location: Ronald Reagan International Trade Center.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Consumer & Governmental Affairs Bureau in response to its Public Notice regarding the request for clarification filed by Hawk Relay that internet protocol speech to speech (IPSTS) is a form of Telecommunications Relay Service (TRS). This item is DA 08-292 in CG Docket No. 08-15. See, notice in the Federal Register, April 7, 2008, Vol. 73, No. 67, at Page 18796.

Thursday, May 8

The House will meet at 10:00 AM for legislative business. The House will consider non-technology related items. See, Rep. Hoyer's schedule for week of May 5.

9:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed meeting to mark up the FY 2009 Intelligence Authorization bill. See, notice. Location: Room H-405, Capitol Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in CTIA v. FCC, App. Ct. No. 07-1475. Judges Sentelle, Randolph and Rogers will preside. Location: 333 Constitution Ave., NW.

9:30 AM - 1:15 PM. The DC Bar Association will host a program titled "Essential Checklist for Electronic Discovery". The speakers will be John Facciola (Magistrate Judge, U.S. District Court for the District of Columbia), Conrad Jacoby (efficientEDD), and Courtney Barton (LexisNexis Applied Discovery). This event qualifies for continuing legal education (CLE) credits. Prices vary from $80 to $115. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 2913 [LOC | WW], the "Shawn Bentley Orphan Works Act Of 2008", and S 1738 [LOC | WW], the "Combating Child Exploitation Act". S 2913 degrades the remedies available to copyright owners in civil actions for infringement of copyright. S 1738 would, among other things, provide for more Department of Justice (DOJ) regional computer forensic laboratories, and provide that "crimes against children" are predicate offenses for the issuance of wiretap orders to state law enforcement agencies. The agenda also includes consideration of the nomination of Steven Agee to be a Judge of the U.S. Court of Appeals (4thCir). See, notice. The SJC rarely follows its published agendas. Location: Room 226, Dirksen Building.

10:00 AM. The House Science Committee (HSC) will hold a hearing titled "Fulfilling the Potential of Women in Academic Science and Engineering Act of 2008". See, notice. Location: Room 2318, Rayburn Building.

12:00 NOON - 1:00 PM. The U.S. Chamber of Commerce and the National Bureau of Asian Research will host a lunch. The speaker will be Christopher Padilla, Under Secretary of Commerce for International Trade. He will discuss the People's Republic of China's innovation and standards setting policies. The US Chamber states that "Credentialed members of the media are invited to attend. Please RSVP to Media Relations at the Chamber of Commerce at 202-463-5682" or press at uschamber dot com. Location: US Chamber, 1615 H St., NW.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee and Young Lawyers' Committee will host an event titled "Mentoring Luncheon". For more information, contact Contact Andrea Barbarin at abarbarin at loctw dot com or 202-479-4844. The price to attend is $20.00. See, notice and online registration page. Location: Arnold & Porter, 10th floor, 555 12th St., NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in In Re Bilski, App. Ct. No. 07-1130, an appeal from the an appeal from the U.S. Patent and Trademark Office's (USPTO) Board of Patent Appeals and Interferences (BPAI), regarding patentable subject matter. See, story titled "Federal Circuit Receives Amicus Briefs Re Business Method Patents and Patentable Subject Matter" 1,743, April 8, 2008. Location: Courtroom 201, 717 Madison Place, NW.

Deadline to submit comments to the Department of Education (DOE) in response to its notice of proposed rulemaking regarding the Family Educational Rights and Privacy Act of 1974 (FERPA). See, notice in the Federal Register, March 24, 2008, Vol. 73, No. 57, at Pages 15573-15602.

Friday, May 9

Rep. Hoyer's schedule for week of May 5 states that "no votes are expected in the House".

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in In Re Sealed Case, App. Ct. No. 07-3132, and Steven Hatfill v. Baltimore Sun Company, App. Ct. No. 08-5049. Location: Courtroom 22 Annex, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Praxair v. ATMI, App. Ct. No. 2007-1483, an appeal from the U.S. District Court (DDel) in patent infringement case involving the availability of injunctive relief in patent infringement cases following the Supreme Court's 2006, opinion [12 pages in PDF] in eBay v. MercExhange, which held that the traditional four factor framework that guides a court's decision whether to grant an injunction applies in patent cases. See also, story titled "Supreme Court Rules on Availability of Injunctive Relief in Patent Cases" in TLJ Daily E-Mail Alert No. 1,371, May 16, 2006. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Scanner Technologies v. ICOS Vision Systems, App. Ct. No. 2007-1399, an appeal from the U.S. District Court (SDNY) in a patent infringement case involving technology and processes to inspect electronic components. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fargo Electronics v. Iris, App. Ct. No. 2007-1523, an appeal from the U.S. District Court (DMinn) in a patent infringement case involving identification card printing technology. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host panel presentation titled "Patent Litigation in China and Japan". The speakers will be Kevin McCabe (Sterne Kessler Goldstein & Fox), Xiaoguang Cui (Beijing Sanyou Intellectual Property Agency, Ltd.), and Yasuhiro Ichiba (Judge, Tokyo District Court, Criminal Division). The price to attend ranges from $10 to $30. For more information, contact 202-626-3488. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

TIME? The U.S. Patent and Trademark Office's (USPTO) Patent Public Advisory Committee (TPAC) will meet. Location?

Sunday, May 11

Mothers Day.

Monday, May 12

12:00 NOON - 1:00 PM. The Heritage Foundation will host a panel discussion titled "Winning the Global Talent War: H-1B Visa Reform". The speakers will be James Sherk (Heritage), William Beach (Heritage), Kelly Hunt (U.S. Chamber of Commerce), and George Fisherman (Chief Counsel, House Judiciary Committee's Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

TIME?. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet. The agenda may include advice for the U.S. government on the ITU World Telecommunication Standardization Assembly 2008 (WTSA 08), meetings of the Telecommunication Sector Advisory Group (TSAG), and group meetings on the International Telecommunication Regulations, cybersecurity, and other subjects. See, notice in the Federal Register, February 28, 2008, Vol. 73, No. 40, at Page 10854. Location?

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding information collection practices, and paperwork reduction, pursuant to the Paperwork Reduction Act of 1995. See, 44 U.S.C. § 3506(c)(2)(A) and notice in the Federal Register, March 12, 2008, Vol. 73, No. 49, at Pages 13211-13214.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding SP 800-116 [55 pages in PDF], titled "DRAFT A Recommendation for the Use of PIV Credentials in Physical Access Control Systems (PACS)".