10/6. The Department of Commerce (DOC) sent a letter [PDF] on October 5, 2009 to Sen. Patrick Leahy (D-VT) and Sen. Jeff Sessions (R-AL), the Chairman and ranking Republican on the Senate Judiciary Committee (SJC), regarding patent reform legislation

David Kappos, head of the DOC's U.S. Patent and Trademark Office (USPTO), and Cameron Kerry, General Counsel of the DOC, spoke by telephone with reporters on October 6, 2009, about the letter and patent reform generally. The DOC letter bears the signature of Gary Locke, the Secretary of Commerce. He did not participate in the news conference.

Representatives and Senators introduced patent reform bills on March 3, 2009. Sen. Leahy and others introduced S 515 [LOC | WW], the "Patent Reform Act of 2009". See, story titled "Patent Reform Bills Introduced" in TLJ Daily E-Mail Alert No. 1,908, March 4, 2009.

The SJC amended and approved this bill on April 2, 2009, and reported it on May 12, 2009. See, Senate Report No. 111-18. (This report includes a copy of the bill as amended by the SJC.) However, the full Senate has taken no action.

The House bill, HR 1260 [LOC | WW], also titled the "Patent Reform Act of 2009", is sponsored by Rep. John Conyers (D-MI), Rep. Lamar Smith (R-TX), and others. The HJC held a hearing on patent reform on April 30, 2009. However, the HJC has not yet marked up its bill, or taken any other action.

The October 5 DOC letter states that "we are committed to working with Congress". Kerry, brother of Sen. John Kerry (D-MA), stated at the news conference that the preparation of this letter has been "a major preoccupation of my office".

Kerry (at left) stated that "nobody is going to get a perfect bill from their standpoint". But, he added, "there is a lot of momentum". See also, story titled "Obama Picks Cam Kerry for General Counsel at Department of Commerce" in TLJ Daily E-Mail Alert No. 1,915, March 19, 2009.

The DOC letter states that "landmark patent reform is urgently needed. We believe S. 515 incorporates the essential elements of patent reform; and, therefore, the Department of Commerce supports the bill with additional recommendations below."

The letter states generally that "the USPTO must have the resources, authority, and flexibility to administer the patent system effectively". It elaborates that "we endorse giving the USPTO the authority to adjust patent and trademark fees".

The letter also states that the USPTO should have "a limited fee adjustment authority". Kappos said at the news conference that the vehicle for this would be the patent reform bill, and not an add on to another bill. He added that this would be for one year, or two at the most.

The letter also states that the DOC supports "granting the USPTO substantive rulemaking authority". Kappos said that the USPTO needs this "to keep up with the pace of technology". Kappos declined to talk about the Tafas case, which pertains to rulemaking authority, and which is now pending before the U.S. Court of Appeals (FedCir).

The letter continues that S 515 "is a good starting point for developing post-grant review and inter partes reexamination procedures". The letter advocates "a phased-in post-grant review procedure, as well as phased-in changes to inter partes reexamination". It adds that since all this will cost money, the USPTO should have "flexibility to set or adjust fees to recover the cost of doing the applicable work".

The letter expresses support shifting from a first to invent to a first inventor to file system.

The letter expresses opposition to S 515's provision "relating to the search and examination duties for the grant of a U.S. patent".

The letter states that "we generally support the balanced compromise on damages which maintains the Federal courts' flexibility to determine reasonable royalty damages through a ``gatekeeper´´ approach reflected in recent court decisions as well as the purpose of the willful infringement and enhanced damages standard".

The letter states that the DOC wants "to work with the Congress to make various adjustments to implementing provisions regarding the scope and application of prior art and the grace period".

With respect to willful infringement, the letter states that "we generally support the relevant provisions of the bill", but that the DOC wants to work "to ensure a fair enhanced damages standard".

The letter also states that "we support extending the existing prior user defense for patent infringement; removing sanctions for failing to comply with the best mode requirement; limiting the applicability of revised approaches to interlocutory appeals and codifying recent judicial decisions improving the handling of venue challenges; and creating a pilot program that enhances judges' patent expertise." But, the DOC wants to work on "technical concerns".

Sen. Leahy responded in a release that "The administration's letter of support for the needed provisions in the Patent Reform Act reinforces the urgent need to enact this legislation. It has been more than 50 years since Congress passed meaningful reforms to our nation's patent system, and it is wrought with inefficiencies. I have been working with the bill's cosponsors, interested Senators, and the administration to reach consensus on this important legislation. I particularly appreciate the commitment of Secretary Locke and Under Secretary Kappos to this legislation. Now that the administration has indicated its support for the Patent Reform Act, I look forward to working with Majority Leader Reid to schedule Senate debate before the end of the year."

10/5. Rep. Cliff Stearns (R-FL), and 18 other Republican Representatives, sent a letter [PDF] to Federal Communications Commission (FCC) Chairman Julius Genachowski regarding his proposal to promulgate "network neutrality rules".

The Representatives pose questions about the upcoming proceeding. They argue that the FCC needs to first collect data, and make findings regarding market failure. They argue that the FCC should conduct a cost benefit analysis of any proposed rules. They argue that the FCC should issue a notice of inquiry (NOI) rather than a notice of proposed rulemaking (NPRM).

They wrote that "you should provide a thorough market analysis prior to proposing any regulation. The FCC bears the responsibility to prove a market failure". They add, "You have repeatedly said that you want this to be the most data-driven FCC ever. This is an opportunity to demonstrate that commitment."

They propound several interrogatories:

• "Will the FCC be examining networks, services, consumer electronics equipment, applications, or all four?"
• "Will it be examining cable, wireline, wireless, satellite, broadband over powerline, or all five?"
• "Are they each individual markets or one larger one?"
• "What data speeds will you use to define the market?"

They note that universal broadband deployment will cost up to $350 Billion, and argue that "Network Neutrality rules would make it harder, not easier, for such investment to occur."

Gigi Sohn, head of the Public Knowledge (PK), responded in a release that this is a "delaying tactic by those who favor big telecom and cable companies over competition and innovation".

On September 21, 2009, Genachowski gave a speech [8 pages in PDF] by in which he proposed that the FCC promulgate rules that contain network neutrality mandates. See also, story titled "Genachowski, Copps and Clyburn Back Net Neutrality Rules" in TLJ Daily E-Mail Alert No. 1,986, September 22, 2009.

On October 5, 2009, the FCC announced that on October 22, 2009, it will consider a NPRM "on policies to preserve the free and open Internet". See, story titled "FCC to Adopt Net Neutrality Mandates NPRM" in TLJ Daily E-Mail Alert No. 1,997, October 6, 2009.

10/6. AT&T announced in a release that "it has taken the steps necessary so that Apple can enable VoIP applications on iPhone to run on AT&T’s wireless network."

AT&T added, "Previously, VoIP applications on iPhone were enabled for Wi-Fi connectivity. For some time, AT&T has offered a variety of other wireless devices that enable VoIP applications on 3G, 2G and Wi-Fi networks."

Federal Communications Commission (FCC) Chairman Julius Genachowski promptly responded in an e-mailed release. "When AT&T indicated, in response to the FCC's inquiry, that it would take another look at permitting VoIP on its 3G network I was encouraged. I commend AT&s decision to open its network to VoIP. Opening wireless services to greater consumer choice will drive investment and innovation in the mobile marketplace."

AT&T's Ralph de la Vega stated in this release that "Today’s decision was made after evaluating our customers' expectations and use of the device compared to dozens of others we offer."

10/1. Secretary of Commerce Gary Locke gave a speech in Washington DC in which he discussed export controls and the Department of Commerce's (DOC) Bureau of Industry and Security (BIS).

He discussed how the current export regime is harming some U.S. companies' ability to compete abroad. He said that the system is in need of reform. He listed a few things that the BIS might do in the short run to ease the burden. And, he said, as DOC officials have been saying for years, "reforming the current system is a high priority for the Obama administration".

But, he said that "Overhauling our export control framework will not happen overnight. Fundamental reform will likely require new statutory authority and action from Congress."

The Congress was working on export control legislation a decade ago. Bills were being drafted and amended. But, the House and Senate substantially dropped these efforts after September 11, 2001.

Locke (at right) stated a purpose of the export control system: "to prevent sensitive items from falling into the hands of those who want to do us harm".

He said that the challenge is to "design a new system that keeps us safer by increasing export control measures on the items and technologies most critical to our national security and freeing American companies from an out-dated set of rules that often prevents them from selling items that are readily available from non-U.S. companies."

He said that there are some things that the DOC and BIS can do. First, "we should consider eliminating certain dual-use export license requirements for allies and partner nations".

Second, he said that "I’ve asked BIS to explore implementing a fast-track process for the review of dual-use export licenses for other key countries that do not pose a significant threat and have a strong history of export control compliance".

He also suggested that the BIS "reduce the number of days it takes to review a license application for certain transactions" and "scour the Export Administration Regulations and de-list those items and technologies that no longer pose a threat to national security".

Locke spoke primarily about export controls, but he also said that he is pursuing "Streamlining our business visa system to make it easier for foreign company executives to travel to the United States" and "Strengthening international intellectual property protections to safeguard American innovators from counterfeiters and pirates who cost our companies as much as $250 billion every year".

Frank Vargo, of the National Association of Manufacturers (NAM), stated in a release that "The current system, developed during the Cold War, does not serve national security, but does undermine U.S. competitiveness and discourage job creation."

Vargo also wrote that "The NAM is pleased by Commerce Secretary Locke's comments today that the Department will consider eliminating many export licensing requirements for allies and partner nations, and will develop a fast-track system for exports to countries that do not pose significant security threats. These are vitally important first steps in fulfilling the President’s commitment to a comprehensive review of export control policies."

10/6. President Obama nominated Judge Denny Chin to be a Judge of the U.S. Court of Appeals for the Second Circuit. See, White House news office release and release.

He worked at the law firms of Davis Polk & Wardwell, Campbell Patrick & Chin, and Vladeck Waldman Elias & Engelhard before being appointed to the U.S. District Court (NYSD) by former President Clinton in 1994.

Judge Chin wrote the 2007 opinion of the District Court in Cartoon Network v. CSC Holdings, which is also known as the Cable News Network case and the DVR case. The Court of Appeals, to which he has now been nominated, reversed in its August 4, 2008, opinion [PDF].

In this case, the Cartoon Network and other content companies licensed content to Cablevision, but did not license storage and playing of their programs by use of Cablevision's RS-DVR system. They filed a complaint in the District Court seeking declaratory and injunctive relief, alleging that Cablevision's RS-DVR system would directly infringe their copyrights both by making unauthorized reproductions, and by engaging in public performances, of their copyrighted works. The District Court, Judge Chin presiding, granted summary judgment to the content companies, and enjoined Cablevision from operating its RS-DVR system without first obtaining licenses from the plaintiff content companies.

The Court of Appeals reversed. See, story titled "2nd Circuit Reverses in Remote Storage DVR Copyright Case" in TLJ Daily E-Mail Alert No. 1,806, August 5, 2009.

The Supreme Court denied certiorari on June 29, 2009. The Department of Justice's (DOJ) Office of the Solicitor General submitted a brief urging the Supreme Court to deny certiorari. See, story titled "DOJ Urges SCUS to Deny Cert in RS-DVR Case" in TLJ Daily E-Mail Alert No. 1,946, June 2, 2009.  See also, story titled "Copyright Alliance and Others File Amicus Briefs in Remote Storage DVR Case" in TLJ Daily E-Mail Alert No. 1,854, November 10, 2008.

This case is Cartoon Network LP, et al. v. CSC Holdings, Inc., et al., U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 07-1480-cv(L) and 07-1511-cv(CON), appeals from the U.S. District Court for the Southern District of New York, Judge Denny Chin presiding. Judge John Walker wrote the opinion of the Court of Appeals, in which Judges Robert Sack and Debra Ann Livingston joined. Judge Chin's opinion is also reported at 478 F. Supp. 2d 607. The Court of Appeals opinion is also reported at 536 F.3d 121. The Supreme Court's docket number is 08-448.

Chin has been appointed to the seat of the retired Judge Sack, who joined in the Court of Appeals opinion overturning Chin's opinion. Chin's elevation to the Court of Appeals may be viewed as a victory for the movie, music and other copyright based industries.

10/6. President Obama nominated Rogeriee Thompson to be Judge of the U.S. Court of Appeals for the 1st Circuit. See, White House news office release and release. She is currently a Judge of the Rhode Island Superior Court. Before that, she was a Judge of the Rhode Island District Court.

10/6. President Obama nominated Mary Miller to be Assistant Secretary of the Treasury for Financial Markets. See, White House news office release and release.

10/6. President Obama nominated Michael Mundaca to be an Assistant Secretary of the Treasury for Tax Policy. See, White House news office release. He is currently the acting Assistant Secretary. He has also been Deputy Assistant Secretary of the Treasury for International Tax Affairs. He previously worked at Ernst & Young and the law firm of Sullivan & Cromwell. Georgetown University's law school lists him as an adjunct professor. This position is, at least nominally, responsible for formulating policy with respect to taxation that affects technology, communications, and innovation.

10/6. The Senate Judiciary Committee (SJC) approved the nomination of Thomas Perez to be Assistant Attorney General in charge of the Department of Justice's Civil Rights Division (CRD). See, Sen. Patrick Leahy's (D-VT) release and statement, and Congressional Record, October 6, 2009, at Page S10169. Most of what the CRD does not relate to technology. However, it may act with respect to two tech issues. First, there is the question of whether, and if so, to what extent, the Americans with Disabilities Act (ADA) regulates the operation of web sites and the design of software. Second, there is the question of whether the various civil rights statutes impose liability upon operators of interactive web sites for statements made by users of those web sites, and the associated issue of Section 230 immunity. If law and policy evolve to provide an affirmative answer to either question, the tech sector, and those who use tech products and services, would be harmed.

10/2. Sharon Barner (at right) was named Deputy Director of the U.S. Patent and Trademark Office (USPTO). She was previously an attorney in the Chicago office of the law firm of Foley & Lardner, and Chairman of its Intellectual Property Department. See, Department of Commerce release.

10/6. Federal Communications Commission (FCC) Commissioner Michael Copps gave a speech in Charleston, South Carolina, mostly regarding broadband and the administrative process. He said that "the powerful folks with lawyers and lobbyists will get a full hearing at the FCC -- and that's fine, we need their expertise and insights." But, he continued, in writing a broadband plan, the FCC should hear from a wide range of other people. He added that "Our new FCC has as open and transparent and participatory a process in place for this broadband exercise". He said nothing about making other proceedings at the FCC more "open and transparent".

10/5. The National Telecommunications and Information Administration (NTIA) issued a release in which it announced and described the award of the first four grants under State Broadband Data and Development Grant Program, provided for by HR 1 [LOC | WW], the massive funding bill enacted in February of 2009.

10/5. The Internet Advertising Bureau (IAB) and Price Waterhouse Coopers (PWC) released a report titled "Internet Advertising Revenue Report". It states that internet advertising revenues in the first half of 2009 were $10.9 Billion, down 5.3% from the first half of 2008. The IAB stated in a release that "Search and display-related advertising continue to represent the largest percentages of overall interactive advertising spend. Search revenues amounted to more than $5.1 billion for the first six months of 2009, up slightly from that same period in 2008. Display-related advertising -- which includes display ads, rich media, digital video and sponsorship -- totaled nearly $3.8 billion in the first six months of 2009, showing a relatively modest 1.1% decline from the same period in 2008. Digital video continues to experience robust growth with a 38% increase from the first half of 2008."

The House will meet at 10:00 AM for legislative business. The House may vote on the conference report on the agriculture appropriations bills, and numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for week of October 5, 2009, and schedule for October 7.

The Senate will meet at 9:30 AM. It will resume consideration of HR 2847 [LOC | WW], the "Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010".

8:00 AM - 4:00 PM. The Department of Homeland Security's (DHS) National Protection and Programs Directorate's (NPPD) Critical Infrastructure Partnership Advisory Council (CIPAC) will meet. The agenda includes a discussion by critical infrastructure and key resources (CIKR) owners regarding information sharing and cybersecurity. See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 48998. Location: Grand Ballroom, J.W. Marriott, 1331 Pennsylvania Ave., NW.

8:00 AM - 4:00 PM. Day two of a two day meeting of the National Nanotechnology Coordination Office (NNCO). See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 49041. Location: Holiday Inn Rosslyn-Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Enhancing Universities' Role in Technology Commercialization". The speakers will be Rob Atkinson (ITIF), Krisztina Holly (USC), Desh Deshpande (Sycamore Networks), and Tom Kahil (Executive Office of the President). See, notice. The ITIF will webcast this event. Location: ITIF, 1101 K St., NW.

9:00 AM - 4:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB) will meet. See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Page 48910. Location: NTSB Board Room/Conference Center, 429 L'Enfant Plaza, SW.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "Reauthorization of the Satellite Home Viewer Extension and Reauthorization Act of 2004". The witnesses will be Robert Gabrielli (Directv), Stanton Dodge (Dish Network), Paul Karpowicz (Meredith Corporation), and Bill Acker (West Virginia Public Broadcasting). See, notice. Location: Room 253, Russell Building.

STAYED. 10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Tafas v. Doll, App. Ct. No. 2008-1352. Location: Courtroom 201. See, July 28 order and August 21 order.

10:00 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold one of a series of meetings to consider staff drafts of material for its 2009 Annual Report to Congress. See, notice in the Federal Register, August 5, 2009, Vol. 74, No. 149, at Pages 39145-39146. Location: Conference Room 231, Hall of States, 444 North Capitol St., NW.

11:00 AM. The Supreme Court will hear oral argument in Reed Elsevier v. Muchnick, a case involving the question of whether 17 U.S.C. § 411(a) restricts the subject matter jurisdiction of the federal courts over copyright infringement actions. See, story titled "Supreme Court Grants Cert in Reed Elsevier v. Muchnick" in TLJ Daily E-Mail Alert No. 1,908, March 4, 2009. This case is Reed Elsevier, Inc. v. Muchnick, Sup. Ct. No. 08-103, a petition for writ of certiorari to the U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 05-5943 and 06-0223. The Court of Appeals' opinion is reported at 509 F.3d 116.

12:00 NOON - 1:45 PM. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) and the Department of the Treasury's (DOT) Office of Foreign Assets Controls (OFAC) will host an event titled "interactive brown bag session" and "Export Controls and Sanctions -- Responsibilities of Freight Forwarders". The speakers will be Jessica Brinkman (OFAC Compliance Officer), Kevin Delli-Colli (BIS acting Assistant Secretary), Michael Geffroy (OFAC Assistant Director for Enforcement), and John Reynolds (Wiley Rein). Prices vary. To participate by teleconference, see notice. The ABA asserts that this is an ABA event. Location: Wiley Rein, 1776 K St., NW.

1:00 PM. The House Appropriations Committee (HAC) and Senate Appropriations Committee (SAC) will hold a conference meeting regarding the FY 2010 homeland security appropriations bill. Location: S-127, Capitol Building.

1:00 - 2:00 PM. The Federal Trade Commission (FTC) will host a "brown bag program" titled "Recent Developments: Assessing the Behavioral Advertising Landscape" and "overview of the latest legislative, regulatory, and policy developments affecting online behavioral advertising". See also, FTC report [PDF] titled "Self-Regulatory Principles For Online Behavioral Advertising" and story titled "FTC Releases Report on Online Behavioral Advertising" in TLJ Daily E-Mail Alert No. 1,899, February 13, 2009. The speakers will be Peder Magee (Federal Trade Commission), Katie Harrington-McBride (FTC), Susan Grant (Consumer Federation of America), Benjamin Rickert (Microsoft), and Dominique Shelton (Wildman Harrold). To request permission to participate by teleconference, see notice. The ABA states that this is an ABA event.

1:30 PM. The House Judiciary Committee (HJC) will meet to mark up five bills. The fourth and fifth items on the agenda are HR 1110 [LOC | WW], the "PHONE Act of 2009", and HR 3237 [LOC | WW], an untitled bill pertaining to national and commercial space programs. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

1:30 PM. President Obama will present National Medal of Technology and Innovation medals to Forrest Bird (Percussionaire Corp.), Esther Sans Takeuchi (University at Buffalo, SUNY), John Warnock (Adobe), Charles Geschke (Adobe), and the IBM Corporation. He will also present and National Medal of Science medals. The White House news office will webcast this event. Location: East Room, White House.

4:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nomination of Barbara Keenan to be Judge of the U.S. Court of Appeals for the 4th Circuit. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of October 5, 2009.

7:45 - 9:15 AM. The Northern Virginia Technology Council (NVTC) will host a breakfast. The speaker will be Justice Anthony Kennedy (Supreme Court). Prices vary. See, notice. Location: The Ritz-Carlton Tysons Corner, 1700 Tysons Blvd., McLean, Virginia.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009", and S 1692 [LOC | WW], the "USA PATRIOT Act Sunset Extension Act of 2009". The SJC rarely follows is published agendas. See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold one of a series of meetings to consider staff drafts of material for its 2009 Annual Report to Congress. See, notice in the Federal Register, August 5, 2009, Vol. 74, No. 149, at Pages 39145-39146. Location: Conference Room 231, Hall of States, 444 North Capitol St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Verizon Services v. Cox Fibernet, App. Ct. No. 2009-1086. This is a patent infringement case involving VOIP technology. Location: Courtroom 203.

10:00 AM - 12:00 NOON. The National Industrial Security Program Policy Advisory Committee (NISPPAC) will meet. See, notice in the Federal Register, September 9, 2009, Vol. 74, No. 173, at Page 46470. Location: National Archives and Records Administration, Room 105, 700 Pennsylvania Ave., NW.

12:00 - 1:30 PM. The Federal Trade Commission (FTC) will host a "brown bag program" titled "Meet the New Federal Trade Commission Bureau Directors". The speakers will be Richard Feinstein, (Director of the Bureau of Competition), David Vladeck (Director of the Bureau of Consumer Protection), and Joseph Farrell (Director of the Bureau of Economics). To request permission to attend or participate by telephone, contact Donna Fleming at donna dot fleming at dbr dot com or 202-230-5627. The ABA asserts that this is an ABA event. Location: Drinker Biddle & Reath, 1500 K St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Rachel Soloveichik (Bureau of Economic Analysis) titled "Music a Capital Asset". See, paper [54 pages in PDF] of the same title. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will hold an event titled "Pre-Charity Auction Happy Hour". The auction will be held on November 12. Location: 14K Restaurant, 1001 14th St., NW.

Deadline to submit comments to the Bureau of Industry and Security (BIS) in response to its request for comments regarding certain export controls. See, notice in the Federal Register, September 8, 2009, Vol. 74, No. 172, at Pages 46088-46089, and story titled "Export Regulators Seek Comments on Rules" in TLJ Daily E-Mail Alert No. 1,981, September 9, 2009.

Rep. Hoyer's schedule for week of October 5, 2009, states that "no votes are expected in the House".

The American Bar Association (ABA) will host a conference titled "The Third Annual National Institute on Criminal Enforcement of Intellectual Property Rights". Prices vary. See, conference brochure. Location: Ritz Carlton Hotel.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Intellectual Science and Technology v. Sony Electronics, App. Ct. No. 2009-1142. This is a patent infringement case involving CD player and recorder technology. Location: Courtroom 203.

10:00 AM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Economic Issues in Broadband Competition". The speakers will be Jonathan Baker (FCC Chief Economist), Scott Wallsten, Judith Chevalier (Yale School of Management), Joseph Farrell (Director of the FTC's Bureau of Economics), Shane Greenstein (Northwestern University), Marius Schwartz (Georgetown University), Carl Shapiro (Deputy Assistant Attorney General for Economics at the DOJ's Antitrust Division). See, FCC web page related to the drafting of a document titled "National Broadband Plan", and web page for this event. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit comments to the Copyright Royalty Judges regarding the August 12, 2009, motion of Phase I claimants requesting a partial distribution of 50% of the 2007 cable royalty funds, pursuant to 17 U.S.C. § 111. See, notice in the Federal Register, September 9, 2009, Vol. 74, No. 173, at Pages 46468-46469.

Deadline to submit to the Federal Communications Commission (FCC) replies or oppositions to the comments regarding or petitions to deny the applications of Caribbean Crossings Ltd. and Trinity Communications Ltd. for transfer of control pursuant to the Submarine Cable Landing Licensing Act and Section 214 of the Communications Act. Since the Bahamas is not a member of the World Trade Organization (WTO) the applicants seek an FCC determination that the Bahamas provides effective competitive opportunities to U.S. carriers. See, public notice [PDF]. It is DA 09-1856 in IB Docket No. 09-149.

Columbus Day.

The House will not meet.

12:15 - 1:45 PM. The New American Foundation (NAF) will host an event titled "Scripting a 21st Century International Order: Focus Japan". The speakers will be David Shorr, Weston Konishi
and Steve Clemons, co-authors and editors of the book [Amazon] titled "Powers and Principles: International Leadership in a Shrinking World". See, notice and registration page. Location: NAF, Suite 400, 1899 L St.,  NW.

EXTENDED TO OCTOBER 15. Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Fostering Innovation and Investment in the Wireless Communications Market (and) A National Broadband Plan For Our Future". (Parentheses added.) This NOI is FCC 09-66 in GN Docket Nos. 09-157 and No. 09-51. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-73).

8:00 AM - 4:00 PM. The Department of Homeland Security's (DHS) National Protection and Programs Directorate's (NPPD) National Infrastructure Advisory Council (NIAC) will meet. The agenda includes consideration of a "final report from the Frameworks for Dealing with Disasters and Related Interdependencies Working Group and a status reports from the Critical Infrastructure Resilience Working Group". See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Pages 48997-48998. Location: Park Hyatt, Ballroom, 24th and M St., NW.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Legislative and Privacy and Data Security Committees will host a brown bag lunch titled "privacy legislative priorities for the 111th Congress with special emphasis on behavioral marketing and data security legislation". See for example, HR 1319 [LOC | WW], the "Informed P2P User Act", and HR 2221 [LOC | WW], the "Data Accountability and Trust Act", both amended and approved by the House Commerce Committee (HCC) on September 30, 2009. The speakers will include Amy Levine (Legislative Counsel to Rep. Rick Boucher (D-VA)) and Paul Cancienne (Legislative Aide to Rep. Mary Bono (R-CA)). RSVP to dlogan at reedsmith dot com. The FCBA often excludes people from its meetings. Location: Reed Smith, Suite 1100 East Tower, 1301 K St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [33 pages in PDF] in its proceeding titled "In the Matter of Consumer Information and Disclosure Truth-in-Billing and Billing Format IP-Enabled Services". This NOI is FCC 09-68 in CG Docket Nos. 09-158 and CC Docket No. 98-170 and WC Docket No. 04-36. The FCC adopted it on August 27, 2009, and released the text on August 28, 2009.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the FCC's Notice of Proposed Rulemaking (NPRM) regarding requiring applicants that win broadband radio service (BRS) licenses in Auction 86, and any subsequent auction, to demonstrate substantial service on or before four years from the date of license grant. The FCC adopted this NPRM on September 8, 2009, and released the text on September 11, 2009. It is FCC 09-70 in WT Docket No. 03-66 and RM-10586. Auction 86 is scheduled to begin on October 27, 2009. See, notice in the Federal Register, September 28, 2009, Vol. 74, No. 186, at Pages 49356-49359.

EXTENDED TO OCTOBER 15. Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993 (and) Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless including Commercial Mobile Services". (Parentheses added.) This NOI is FCC 09-67 in WT Docket No. 09-66. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-72).

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Presidential Advice and Senate Consent: The Past, Present and Future of Policy Czars". See, notice. Location: Room 342, Dirksen Building.

2:00 - 3:30 PM. The American Bar Association (ABA) will host a panel discussion by audio webcast and teleconference titled "Advising your Clients on the Development and Use of Open Source Software". The speakers will be Ben Kleinman (Knobbe Martens), Heather Meeker (Greenberg Traurig), Jennifer O'Neill (CA, Inc.), Robert Tiller (Red Hat, Inc.). The price to participate ranges from $60 to $125. This event qualifies for continuing legal education (CLE) credits. See, notice.

Day one of a two day event hosted by the Department of Defense titled "2009 DoD Spectrum Symposium". See, agenda. Location: Hyatt Regency Hotel (Crystal City), Arlington, VA.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) in response to it Public Notice regarding qualifying information for recognizing laboratory accreditation bodies and ACLASS application for recognition. This item is DA 09-2049 in ET Docket No. 09-161.

The National Association of Attorneys General and Columbia Law School will host an event titled "Antitrust Federalism: Enhancing the Federal/State Relationship". At 9:00 AM Christine Varney (Assistant Attorney General in charge of the Antitrust Division) will give a keynote speech. Location: Columbia University, Faculty House, 64 Morningside Drive, 3rd Floor, New York, New York.

6:00 PM. The New York City Bar Association (NYCBA) will host an event titled "A New Look at Fair Use in the Digital Age". The speakers will be Judge Lewis Kaplan (USDC/SDNY), Laura Malone (Associated Press), William Fisher (Harvard Law School), Susan Kohlmann (Jenner & Block), and Andrew Deutsch (DLA Piper). This event is free and open to the public. There will be no webcast. Location: NYCBA, 42 West 44th St., New York, New York.

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