10/14. The Supreme Court granted certiorari in Carlsbad Technology v. HIF Bio, a case regarding appellate jurisdiction of the Courts of Appeals. See, Orders List [15 pages in PDF] at page 2.

Introduction. This case arises out of a dispute over ownership of inventions. The case was pending in the U.S. District Court. The complaint contained one clearly federal claim (RICO), but the District Court dismissed that claim. It then held that the rest of the claims arise under state law, declined to exercise supplemental jurisdiction under 28 U.S.C. § 1367, and remanded to the state court. On appeal, the Federal Circuit dismissed the appeal for lack of appellate jurisdiction pursuant to 28 U.S.C. § 1447(d).

At issue is whether a District Court's decision not to exercise supplemental jurisdiction and to remand to the state court is reviewable by a Court of Appeals.

This issue is important for a number of types of technology related disputes that involve both state law claims, such as contract or tort, and federal claims, such as patent, copyright, antitrust, or unauthorized access to computers. If federal jurisdiction is based solely upon federal subject matter, and the federal claims are dismissed, then the question of whether or not to exercise supplemental jurisdiction, or to remand to the state court, arises.

If the relevant federal and state courts are different in their procedural rules, docket speeds, expertise, biases, or certain other respects, then whether or not the District Court exercises supplemental jurisdiction can affect the ultimate outcome of the litigation.

Background. Jong-Wan Park and Yang-Sook Chun are Korean researchers. They claim to be inventors of a drug that may kill cancerous tumors in humans.

Che-Ming Teng, a Taiwanese professor, and Fang-Yu-Lee, the President of Yung Shin Pharmaceuticals Industrial Co., Ltd., also claim to be the inventors.

Park and Chun assigned their rights to BizBiotech, which later assigned to HIF Bio, Inc. The Park/Chun camp alleges that the Teng/Lee camp misled and fraudulently induced them to disclose pre-publication research data and confidential business plans. Both camps filed patent applications. The Park/Chun camp asserts that the Teng/Lee camp falsely claims inventorship.

Trial Court. HIF and BizBiotech filed a complaint in state court in California against Yung Shin, Teng, Lee, Carlsbad Technology, Inc., Fish & Richardson (their patent lawyers) and others. Carlsbad removed the action to the U.S. District Court (CDCal).

The plaintiffs' amended complaint, filed in U.S. District Court, sought a declaratory judgment for ownership and inventorship. It also alleged violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO Act). The amended complaint also alleged numerous state law claims, including slander of title, conversion, actual and constructive fraud, intentional interference with contractual relations and prospective economic advantage, negligent interference with contractual relations and prospective economic advantage, breech of implied contract, unfair competition and fraudulent business practices, and unjust enrichment-constructive trust.

The District Court dismissed the RICO claim finding that the plaintiffs did not adequately alleged a pattern of racketeering. It also declined supplemental jurisdiction over the rights of inventorship and ownership of inventions claims, which it found were state law claims, and the other state law claims. The District Court then remanded the case to state court.

Statutes. 28 U.S.C. § 1367 addresses supplemental jurisdiction of the District Courts.

Subsection (a) provides, in part, that "in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution".

Subsection (c) provides, in part, that "The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if ... the district court has dismissed all claims over which it has original jurisdiction ..."

28 U.S.C. § 1447(d) provides that "An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise."

Subsection 1447(c) provides that "A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446 (a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case."

Court of Appeals. Carlsbad appealed to the U.S. Court of Appeals (FedCir). Fish and Richardson appealed to the U.S. Court of Appeals (9thCir). The appeal to the 9th Circuit is pending. On November 13, 2007, the Federal Circuit issued its opinion [PDF], which is now under review by the Supreme Court.

Carlsbad argued before the Federal Circuit that the District Court's remand order was improper because the plaintiffs' remanded claims raise a substantial question of federal patent law -- inventorship.

However, the Court of Appeals did not reach this issue. The Court of Appeals dismissed the appeal on the grounds that it lacks appellate jurisdiction under Section 1447.

While the plain meaning of the plain phrase "not reviewable on appeal" in subsection 1447(d) would appear decide this issue without further recourse to the Supreme Court, the Supreme Court has narrowly construed this phrase, and the Federal Circuit's opinion is now arguably in conflict with those of other circuits.

Carlsbad filed its petition for writ of certiorari [38 pages in PDF] on May 8, 2008. HIF Bio filed its opposition brief [10 pages in PDF] on September 8, 2008. Carlsbad filed its reply brief [11 pages in PDF] on September 19, 2008. The Supreme Court granted certiorari on October 14, 2008.

This case Carlsbad Technology, Inc. v. HIF Bio, Inc., et al., Sup. Ct. No. 07-1437, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit. The Federal Circuit case number is 2006-1522. It heard an appeal from the U.S. District Court for the Central District of California, Judge Dean Pregerson presiding. Judge Gajarza wrote the opinion of the Court of Appeals, in which Judges Michel and James Holderman (USDC, NDCal, sitting by designation), joined.

Carlsbad Technology is represented by Glenn Rhodes of the Taipei and San Francisco offices of Howrey. HIF Bio is represented by Theodore Allison of the Washington DC law firm of Karr & Allison.

See also, Supreme Court docket.

10/10. The U.S. Court of Appeals (5thCir) issued its divided en banc opinion [37 pages in PDF] in In Re Volkswagen of America, Inc., a case regarding venue in U.S. District Courts.

The dispute in this case does not involve information technology. However, this case involves a procedural issue that impacts technology companies.

This case arises out a series of collisions on a highway in Dallas, Texas. Dallas lies in the geographic territory of the U.S. District Court for the Northern District of Texas. But, the plaintiffs filed their complaint in the U.S. District Court for the Eastern District of Texas, which has no connection to this case other than it is where the plaintiffs' lawyers choose to file.

This opinion is significant for technology companies because a large number of patent infringement complaints, in cases with no connection to the Eastern District of Texas, have been filed in the Eastern District of Texas.

This opinion suggests that the 5th Circuit will not allow the Eastern District unfettered discretion to accept and hold big cases with no connection to the Eastern District.

The Court of Appeals held that mandamus is an appropriate means to test a District Court's ruling on a venue transfer motion, including a § 1404(a) ruling. It further held that appropriate test is "clear abuse of discretion".

It elaborated that "we only will grant mandamus relief when such errors produce a patently erroneous result".

It granted Volkswagen's petition for a writ of mandamus, and directed the District Court to transfer this case to the Northern District of Texas, Dallas Division.

The plaintiffs filed their complaint in the Eastern District of Texas. Volkswagen moved for a change of venue to the Northern District of Texas, Dallas Division, which the District Court (EDTex) denied. Volkswagen filed a petition for writ of mandamus with the U.S. Court of Appeals (5thCir). Previously, a divided three judge panel denied the petition.

Now, the 5th Circuit, en banc, has granted the petition. The case will be transferred to the Northern District of Texas. Moreover, the Court of Appeals has written an opinion, that is binding upon the District Courts in the 5th Circuit, that will make it harder for forum shopping plaintiffs to keep cases in the Eastern District of Texas when there is no connection between the case that District.

See also, story titled "5th Circuit to Hold En Banc Review in Volkswagen Transfer Matter" in TLJ Daily E-Mail Alert No. 1,719, February 19, 2008.

Patent Reform Legislation. Members of the House and Senate have worked diligently in the 110th Congress to enact a major patent reform bill that addresses, among other topics, venue.

The Senate Judiciary Committee (SJC) approved S 1145 [LOC | WW], the "Patent Reform Act of 2007", on July 19, 2007. The full Senate has not approved it. The House approved HR 1908 [LOC | WW], a different patent reform bill, on July 18, 2007.

Case Information. This case is In Re Volkswagen of America, Inc., U.S. Court of Appeals for the 5th Circuit, App. Ct. No. 07-40058, a petition for writ of mandamus to the U.S. District Court for the Eastern District of Texas.

Judge Jolly wrote the majority opinion of the en banc panel of the Court of Appeals, in which Judges Jones, Smith, Barksdale, Garza, Clement, Owen, Elrod, Southwick, and Haynes joined. Judge King wrote the minority opinion, in which Judges Davis, Wiener, Benvides, Stewart, Dennis, and Prado joined.

Correlation Between Political Party and Appellate Court Voting. All of the Judges who joined in the majority were appointed to the Court of Appeals by Republican Presidents: Grady Jolly (Reagan), Edith Jones (Reagan) Jerry Smith (Reagan), Rhesa Barksdale (Bush 1), Emelio Garza (Reagan), Edith Clement (Bush 2), Priscilla Owen (Bush 2), Jennifer Elrod (Bush 2), Leslie Southwick (Bush 2), and Catharina Haynes (Bush 2).

All of the Judges appointed by Democratic Presidents, and three appointed by Republicans, joined in the minority opinion: Carolyn King (Carter), Eugene Davis (Ford), Jacques Wiener (Bush 1), Fortunato Benavides (Clinton), Carl Stewart (Clinton), James Dennis (Clinton), and Edward Prado (Bush 2)

The Pearson's Correlation Coefficient (PCC) between party and vote is .66. It is statistically significant at the 1% level. The PCC is a statistical measure of the relation between two data sets. It ranges from -1 to +1.

10/6. The U.S. Court of Appeals (9thCir) issued its opinion [11 pages in PDF] in American Bird Conservancy v. FCC, a challenge to the Federal Communications Commission's (FCC) decision to issue licenses for seven communications towers in the state of Hawaii.

The American Bird Conservancy (ABC) and others filed a complaint in the U.S. District Court (DHawaii) against the FCC alleging violation of the Endangered Species Act (ESA). The ABC did not file a petition for review of the FCC order in a U.S. Court of Appeals pursuant to 47 U.S.C. § 402(a) and § 2342 of the Hobbs Act.

The District Court dismissed the complaint on jurisdictional grounds. It held that § 402(a) and § 2342 provide for exclusive review by the Courts of Appeals.

The Court of Appeals affirmed.

It added that "Our holding today does not foreclose future judicial review of the licensing decisions at issue here. Nothing prevents American Bird from continuing to pursue its claims through the FCC's administrative process, obtaining an adverse final order, and challenging that order in this court."

"While we sympathize with American Bird's complaint that the FCC’s administrative process moves at a ``glacial´´ pace, such impatience does not provide a ground to ignore Congress’ carefully crafted system of judicial review", it wrote.

The Court of Appeals also noted the the ABC "knows how to use the FCC's administrative process. In 2002, American Bird filed a petition with the FCC formally requesting that the FCC consult with the appropriate agency regarding towers in the Gulf Coast region. In 2005, the FCC issued an order denying in part, dismissing in part, and deferring in part American Bird’s claims. In February 2008 the United States Court of Appeals for the District of Columbia Circuit vacated the FCC’s order, bringing American Bird’s claims to a successful conclusion. American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (D.C. Cir. 2008)."

See also:

• FCC's April 11, 2006, Memorandum Opinion and Order [11 pages in PDF] in its proceeding titled "In the Matter of Petition by Forest Conservation Council, American Bird Conservancy and Friends of the Earth for National Environmental Policy Act Compliance".
• Court of Appeals' February 19, 2008, opinion [17 pages in PDF] in American Bird Conservancy v. FCC.
• Story titled "DC Circuit Vacates FCC Order Regarding Birds and Towers" in TLJ Daily E-Mail Alert No. 1,724, February 27, 2008.

This case is American Bird Conservancy, et al. v. FCC, U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 06-15429, an appeal from the U.S. District Court for the District of Hawaii, D.C. No. CV-05-00461-DAE.

10/10. The U.S. Court of Appeals (FedCir) issued its opinion [39 pages in PDF] in Technology Licensing v. VideoTek, a patent infringement case involving technology for the separation of synchronization signals from video signals. The Court of Appeals affirmed the judgment of the District Court. This case is Technology Licensing Corporation v. VideoTek, Inc., et al., U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 2007-1441 and 2007-1463, appeals from the U.S. District Court for the Northern District of California, D.C. No. 01-CV-4204, Magistrate Judge Richard Seeborg presiding.

This issue contains three stories regarding litigation procedure that may affect technology companies:

 • "Supreme Court Grants Cert in Carlsbad Technology v. HIF Bio"
 • "9th Circuit Holds §§ 402 and 2342 Provide Exclusive Means of Review of FCC Orders"
 • "5th Circuit En Banc Grants Mandamus To Transfer Venue Out Eastern District of Texas".

The next issue will contain further stories published pursuant to the proposition that process matters.

The House will not meet. Its next scheduled meeting is at 11:00 AM on January 3, 2009. See, HConRes 440.

The Senate will meet in pro forma session only.

8:00 - 10:00 AM. Broadband Census [http colon slash slash broadbandcensus dot com] will host a panel discussion titled "10 Years Under the Digital Millennium Copyright Act: Success or Failure?" The speakers will be Drew Clark (Broadband Census, moderator), Mitch Glazier (Recording Industry Association of America), Michael Petricone (Consumer Electronics Association), Wendy Seltzer (American University law school), and Emery Simon (Business Software Alliance). This event is open to the public. The price to attend is $46.12. Breakfast will be served. There is an online registration page. For more information, contact Drew Clark at 202-580-8196. Location: Old Ebbitt Grill, 675 15th St., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a program titled "Does DARPA Still Effectively Spur U.S. Technological Innovation?" The speaker will be Erica Fuchs (Carnegie Mellon University). This event is free and open to the public. See, notice and registration page. A light breakfast will be served. Location: ITIF, Suite 200, 1250 Eye St., NW.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will meet. See, notice in the Federal Register, September 19, 2008, Vol. 73, No. 183, at Pages 54412-54413. Location: J.W. Marriott, Salons E and F, 1331 Pennsylvania Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a closed event titled "Intellectual Property as an Investible Asset: The Future of Buying and Selling Intellectual Property". The speakers will be Darrell Mottley (Banner & Witcoff), Krista Holt (Ocean Tomo), and Cameron Gray (Intellectual Property Exchange International). The price to attend ranges from $20 to $35. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

12:00 PM. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to certain ex parte filings submitted by the Association of Public Safety Communications Officials, International (APCO), National Emergency Number Association (NENA), AT&T, Sprint Nextel, and Verizon Wireless regarding the FCC's location accuracy mandates. See, FCC Public Notice [13 pages in PDF], Public Notice [PDF],  notice in the Federal Register, September 25, 2008, Vol. 73, No. 187, at Pages 55473-55495, and notice in the Federal Register, September 29, 2008, Vol. 73, No. 189, at Page 56540. These Public Notices are DA 08-2129 and DA 08-2149 in PS Docket No. 07-114.

12:15 - 1:30 PM. Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will host a brown bag lunch titled "The FTC's recently adopted ``Red Flag Rules´´ pursuant to the Fair and Accurate Credit Transactions Act of 2003". The speakers will be Pavneet Singh (Federal Trade Commission), Eric Breisach (Womble Carlyle), Michael Epshteyn (Covington & Burling), and Steven Rich (Paul Hastings). Location: Covington & Burling, 1201 Pennsylvania Ave., NW.

TIME? The U.S. Chamber of Commerce will host an event titled "Enhancing Cyber Security as Part of Enterprise Risk Management Planning". Michael Chertoff, Secretary of Homeland Security, will speak at 3:00 PM. Location: U.S. Chamber of Commerce, 1615 H St., NW.

4:15 PM. The Federal Communications Bar Association (FCBA) and the D.C. Circuit Historical Society will host a panel discussion titled "FCC Indecency Cases in the D.C. Circuit: An Historical Perspective". The speakers will be Glen Robinson (former FCC Commissioner), Judge Timothy Dyk (U.S. Court of Appeals for the Federal Circuit), Patricia Wald (former Judge of the U.S. Court of Appeals for the DC Circuit), Judge Laurence Silberman (DC Circuit), and Christopher Wright (Harris Wiltshire & Grannis, moderator). This event is free and open to the public. For more information, contact Christopher Wright at cwright at harriswiltshire dot com.Location: Ceremonial Courtroom, 6th floor, U.S. Courthouse, 3rd Street and Constitution Aves., NW.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the CTIA's Petition for Declaratory Ruling [44 pages in PDF] regarding 47 U.S.C. § 332(c)(7)(B), ensuring timely siting review, and preemption under 47 U.S.C. § 253 of state and local ordinances that classify all wireless siting proposals as requiring a variance. This is WT Docket No. 08-165. See, August 14, 2008, Public Notice (DA 08-1913) and notice in the Federal Register, August 29, 2008, Vol. 73, No. 169, at Pages 50972-50973. See, extension notice in the Federal Register, September 23, 2008, Vol. 73, No. 185, at Pages 54805-54807.

7:55 AM - 4:00 PM. The Information Technology Association of America (ITAA) and the 1105 Government Information Group will host a one day conference titled "Transition 2009: Today's Strategy for Tomorrow's Administration". See, conference web site. Prices vary. Location: Four Points Sheraton Hotel

8:30 AM. Day one of a two day conference hosted by the XBRL International and XBRL US titled "18th Annual XBRL International Conference". Chris Cox, Chairman of the Securities and Exchange Commission (SEC) will speak on October 15. For more information, contact Michelle Savage at 917-747-1714 or michelle dot savage at xbrl dot us. Prices vary. Location: Ronald Reagan Building.

12:00 NOON - 6:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Engineering. See, notice in the Federal Register, September 29, 2008, Vol. 73, No. 189, at Pages 56616-56617. Location: NSF, 4201 Wilson Boulevard, Suite 375, Arlington, Virginia.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Diversity and Young Lawyers Committees will host a brown bag lunch regarding mentoring. The speakers will be Michele Farquhar (Hogan & Hartson), Vicki Phillips (Georgetown University law school), and Ryan Wallach (Willkie Farr & Gallagher). RSVP to Edgar Class at eclass at wileyrein dot com or 202-719-7504. Location: Wiley Rein, 5th floor conference room, 1750 K St., NW.

8:00 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Engineering. The agenda for October 16 includes an "Overview of the Division of Electrical Communications and Cyber Systems". See, notice in the Federal Register, September 29, 2008, Vol. 73, No. 189, at Pages 56616-56617. Location: NSF, 4201 Wilson Boulevard, Suite 375, Arlington, Virginia.

8:30 AM. Day two of a two day conference hosted by the XBRL International and XBRL US titled "18th Annual XBRL International Conference". For more information, contact Michelle Savage at 917-747-1714 or michelle dot savage at xbrl dot us. Prices vary. Location: Ronald Reagan Building.

10:00 - 11:30 AM. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy (ACICIP) will hold a public meeting. The agenda includes a discussion of preparations for the ITU World Telecommunication Standardization Assembly, scheduled for October 21-30, 2008, and other upcoming international telecommunications meetings and conferences. See, notice in the Federal Register, September 24, 2008, Vol. 73, No. 186, at Pages 55198-55199. Location: DOS, Loy Henderson Auditorium, Harry S. Truman Building, 2201 C St., NW.

12:00 NOON. There will be a panel discussion titled "Online Safety". The speakers will be Christopher Wolf (Proskauer Rose), Brent Olsen (AT&T), and Stephen Balkam (Family Online Safety Institute). For more information, contact Keith Hill at 301-467-6737 or khill at bna dot com. Location: Lisagor Room, National Press Club, 13th Floor, 529 14th St. NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a closed event titled "The Use of Mandatory Arbitration Clauses in Consumer Contracts: Good or Bad for Consumers?". The speakers will be Jerry Roscoe (JAMS), Sondra Mills (Department of Justice), Frank Bland (Public Justice), and Benjamin Klubes (Skadden Arps). The price to attend ranges from free to $20. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

3:30 - 5:00 PM. The Center for Democracy and Technology (CDT) will host an event titled "Can the Internet Transform Federal Rulemaking?". The speakers will include Dan Chenok (Pragmatics Inc.), Cynthia Farina (Cornell University Law School), Sally Katzen (University of Michigan School of Law). See, notice. RSVP to rsvp at netcaucus dot org or 202-638-4370. This event is free and open to the public. Location: Room 1300, Longworth Building, Capitol Hill.

5:00 - 7:00 PM. There will be a reception following the event titled "Can the Internet Transform Federal Rulemaking?"

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Professional Responsibility Committee will host a seminar titled "The Amended Lobbying Disclosure Act: A Primer for FCBA Members". The speakers will include Frank Jazzo (Fletcher Heald & Hildreth), Barry Ohlson (Akin Gump), Melissa Laurenza (Akin Gump), Robert Bradner (Holland & Knight), Erin Dozier (National Association of Broadcasters), and Peter Connolly (Holland & Knight). Prices vary. See, notice and agenda and registration page. This event qualifies for continuing legal education (CLE) credits. Location: Sidley Austin, 6th floor, 1501 K St., NW.

The Federal Trade Commission (FTC) will hold a public workshop titled "Prohibition of Unfair Methods of Competition In Section 5 of the Federal Trade Commission Act". This workshop will address the scope of Section 5 of the FTCA, which is codified at 15 U.S.C. § 45, its relation to antitrust statutes, and its application to technology companies. The FTC proceeded in part under Section 5 in its JEDEC proceeding against Rambus. See, story titled "Court of Appeals Rules in Rambus v. FTC" in TLJ Daily E-Mail Alert No. 1,752, April 23, 2008. See, notice in the Federal Register, August 28, 2008, Vol. 73, No. 168, at Pages 50818-50819. Location: FTC Conference Center, 601 New Jersey Ave., NW.

12:00 NOON - 2:00 PM. The Technology Policy Institute (TPI) will host a panel discussion titled "Privacy and Data Security Issues Facing the Next Administration". The speakers will be Orson Swindle (Hunton & Williams, representing Sen. McCain), Peter Swire (law professor representing Sen. Obama), and Tom Leonard (TPI moderator). Lunch will be served. See, registration page. For more information, contact Ashley Creel at 202-828-4405 or events at techpolicyinstitute dot org. Location: Room 2322, Rayburn Building, Capitol Hill.

CHANGED TO SEPTEMBER 26. Extended deadline to submit to the National Telecommunications and Information Administration (NTIA) applications for membership on the NTIA's Commerce Spectrum Management Advisory Committee (CSMAC). The applicable positions have two year terms that commence in December of 2008. See, original notice in the Federal Register, August 1, 2008, Vol. 73, No. 149, at Pages 44972-44973, extension notice in the Federal Register, September 10, 2008, Vol. 73, No. 176, at Pages 52646-52647. See, third notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at Page 54139, moving the deadline up to September 26, 2008.

9:30 AM. The Office of the U.S. Trade Representative's (OUSTR) GSP Subcommittee will hold a hearing regarding the 2008 Generalized System of Preferences (GSP) Annual Review. See, notice in the Federal Register, September 12, 2008, Vol. 73, No 178, at Pages 53054-53056. Location: OUSTR, Rooms 1 and 2, 1724 F St., NW.

12:00 NOON - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold a public meeting to work on its 2008 Annual Report to Congress. See, notice in the Federal Register, July 29, 2008, Vol. 73, No. 146, at Pages 43978-43979, and notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at Page 54205. Location: Conference Room 333, Hall of the States, 444 North Capitol St., NW.

7:00 - 9:00 PM. The Cato Institute and the Center for American Progress (CAP) will host a performance of the video titled "Advice and Consent", followed by a panel discussion. This video pertains to the nominations of John Roberts, Sam Alito, and Harriet Miers. The speakers will be Kathryn Kolbert (People for the American Way), Manuel Miranda (Third Branch Conference), Ilya Shapiro (Cato), Winnie Stachelberg (CAP), David Van Taylor, and Jan Greenburg (ABC News). See, CAP notice. Location: E Street Cinema, 555 11th St., NW.

Effective date of the Bureau of Industry and Security's (BIS) new rules mandating that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the BIS by its electronic filing system. See, notice in the Federal Register, August 21, 2008, Vol. 73, No. 163, at Pages 49323-49331.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Notice of Proposed Rulemaking (NPRM) regarding broadcast low power auxiliary stations operating in the 700 MHz band, such as wireless microphones. This NPRM is FCC 08-188 in WT Docket Nos. 08-166 and 08-167. The FCC adopted this NPRM on August 15, 2008, and announced it and released the text [24 pages in PDF] on August 21, 2008. See, story titled "FCC Releases NPRM on Wireless Microphones Operating in 700 MHz Band" in TLJ Daily E-Mail Alert No. 1,817, August 21, 2008. See, notice in the Federal Register, September 3, 2008, Vol. 73, No. 171, at Pages 51406-51415.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the petitions for reconsideration (PFR) of the FCC's Report and Order (R&O) that is sometimes referred to as the "multi-tenant environment voice exclusivity order". The FCC adopted this R&O on March 19, 2008, and released the text [30 pages in PDF] on March 21, 2008. This R&O is FCC 08-87 in WT Docket No. 99-217. See, story titled "FCC Order Abrogates Property Owners' Contracts with Telcos" in TLJ Daily E-Mail Alert No. 1,734, March 20, 2008. See also, Verizon's PFR [9 pages in PDF] of June 13, 2008, and Stephen Weinstein's PFR [7 pages in PDF] of March 24, 2008. See also, notice in the Federal Register, September 25, 2008, Vol. 73, No. 187, at Page 55513.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the petition for reconsideration (PFR) [4 pages in PDF] of the FCC's Memorandum Opinion and Order and Report and Order (MO&O and R&O) approving the merger of XM and Sirius. The FCC adopted this item on July 25, 2008, and released the text [109 pages in PDF] on August 5, 2008. See, story titled "FCC Releases XM Sirius Merger Order" in TLJ Daily E-Mail Alert No. 1,807, August 6, 2008, story titled and "FCC Approves XM Sirius Merger" in TLJ Daily E-Mail Alert No. 1,800, July 25, 2008. This item is FCC 08-178 in MB Docket No. 07-57. Mt Wilson FM Broadcasters, Inc. filed this PRF on September 4, 2008. See also, notice in the Federal Register, September 25, 2008, Vol. 73, No. 187, at Page 55513.

10:00 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold a public meeting to work on its 2008 Annual Report to Congress. See, notice in the Federal Register, July 29, 2008, Vol. 73, No. 146, at Pages 43978-43979, and notice in the Federal Register, September 18, 2008, Vol. 73, No. 182, at Page 54205. Location: Conference Room 333, Hall of the States, 444 North Capitol St., NW.

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

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