|Senators Announce Progress on
Patent Reform Legislation
2/25. The Senate Judiciary Committee
(SJC) held an executive business meeting at which Sen.
Patrick Leahy (D-VT) and Sen. Jeff Sessions
(R-AL), the Chairman and ranking Republican respectively, announced progress in efforts
to enact broad patent reform legislation.
Sen. Leahy said that "we can report that we have reached a tentative agreement in
principle", and that "we will be able to release details as they are finalized
in the coming days, after consultation with the House".
Senators did not release any drafts or summaries of proposed legislation.
Legislative History. The present round of efforts to enact patent reform
legislation began in earnest in 2007. On April 18, 2007,
Rep. Howard Berman (D-CA) and others introduced
HR 1908 [LOC
| WW] ,
the "Patent Reform Act of 2007. Sen. Leahy and others introduced S 1145
identical bill on the same day. See, stories titled "Patent Reform Act of 2007
Introduced", "Reaction to the Patent Reform Act of 2007", and
"Summary of Patent Reform Act of 2007" in
TLJ Daily E-Mail
Alert No. 1,567, April 19, 2007.
The House Judiciary Committee's (HJC)
Subcommittee on Courts, the Internet, and Intellectual Property (SCIIP) approved the
bill without amendment on May 16, 2007. See, story titled "House Subcommittee
Approves Patent Bill" in TLJ
Daily E-Mail Alert No. 1,582, May 16, 2007. The HJC and SJC amended and approved
the bills in July of 2007.
titled "House and Senate Judiciary Committees Approve Patent Reform Bills" in
TLJ Daily E-Mail
Alert No. 1,613, July 20, 2007.
However, no patent reform bill was enacted into law in the 110th Congress.
In the current Congress, the 111th, on March 3, 2009, Sen. Leahy and others introduced
S 515 [LOC
| WW], the
"Patent Reform Act of 2009". Also, Rep.
John Conyers (D-MI) and others introduced HR 1260
the companion bill in the House. See also, story titled "Patent Reform Bills
Introduced" in TLJ
Daily E-Mail Alert No. 1,908, March 4, 2009.
The SJC held a hearing on March 10, 2009. See, SJC
with hyperlinks to video recording, prepared testimony of witnesses, and
statement of Sen. Leahy. The HJC held a hearing on April 30, 2009. See, HJC
web page with
hyperlinks to video recording and prepared testimony.
Discussion. Sen. Leahy (at right) released a
written statement, which he read
from and paraphrased at the meeting. He wrote that "I want to thank Senator
Sessions for working with me on what has been a top priority of this Committee --
patent reform legislation. Today we can report that we have reached a tentative
agreement in principle that preserves the core of the compromise struck in Committee
last year with the help of Senators Feinstein, Specter, Cornyn, Klobuchar and others.
We will, of course, continue discussing the details with all Members of this Committee
going forward, as well as with our counterparts in the House as we finalize a consensus
He continued that "I want to particularly thank Senator Hatch, who has been a
longtime partner of mine on intellectual property issues. We have consulted with the
Patent and Trademark Office (PTO), at the suggestion of Senator Kyl, and with his help
and that of Director Kappos, we have the principles of an agreement that will move this
legislation closer to passage."
"When Senator Hatch and I started this process several Congresses ago, along
with Mr. Conyers, Mr. Berman, Mr. Smith and others in the House, we wanted to improve
patent quality and the operations at the PTO, and address runaway damage awards that
were harming innovation. We are close to a compromise that will address these issues.
No one will think this a perfect bill, but we are close to a comprehensive patent reform
bill that benefits all corners of the patent community."
He also wrote that "This bill will be an example of what we can do when we work
together -- a true bipartisan product. Intellectual property is the engine of our
economy. Reforms to our patent system will protect inventors and promote innovation.
They will stimulate the economy and create jobs without spending American tax dollars."
Sen. Leahy added in his oral statement that "we have worked very hard ... not
to make this a partisan issue".
Finally, he wrote that "I expect that we will be able to release details as they are
finalized in the coming days, after consultation with the House. I look forward to
working closely with all members of the Committee who have probably spent more time on
patent law than we would like. I appreciate the seriousness with which they have
approached this issue."
Sen. Sessions stated that "the patent legislation I believe is a step forward. All
of us worry, have we gotten it right, I think we are pretty close to having it right ...
We look forward to maybe doing something significant in a bipartisan way. ... If there
are serious problems, I hope that people will bring them up, but I think that we have
addressed most of them."
|Italian Court Convicts Three
Google Officers for Video Posted on Google Video
2/24. A trial court in Milan, Italy, returned criminal verdicts of guilty
against three Google officers, David Drummond, Peter Fleischer and George Reyes,
for violation of Italy's privacy code. The acts of the defendants consisted of
being officers of a company that operated a web site that allowed users to post
videos, where the court also found the content of one video to be in violation
of Italian privacy law.
The case arose in 2006 when users of Google Video (this was before Google's
acquisition of YouTube) posted a video of a student with Downs Syndrome being
bullied by other students. (Italian online newspapers have reported that the
student has Downs Syndrome. Google has stated that he is "autistic".)
The court acquitted one Google defendant. Google stated in a
release that "none of the four Googlers charged had anything to do with this
video. They did not appear in it, film it, upload it or review it. None of them
know the people involved or were even aware of the video's existence until after
it was removed."
"It is outrageous that they have been subjected to a trial at all", wrote
Google. "In essence this ruling means that employees of hosting platforms like Google
Video are criminally responsible for content that users upload. We will appeal
this astonishing decision because the Google employees on trial had nothing to
do with the video in question."
Google continued that this verdict "attacks the very principles of freedom on
which the Internet is built. Common sense dictates that only the person who
films and uploads a video to a hosting platform could take the steps necessary
to protect the privacy and obtain the consent of the people they are filming.
European Union law was drafted specifically to give hosting providers a safe
harbor from liability so long as they remove illegal content once they are
notified of its existence. The belief, rightly in our opinion, was that a notice
and take down regime of this kind would help creativity flourish and support
free speech while protecting personal privacy. If that principle is swept aside
and sites like Blogger, YouTube and indeed every social network and any
community bulletin board, are held responsible for vetting every single piece of
content that is uploaded to them -- every piece of text, every photo, every
file, every video -- then the Web as we know it will cease to exist, and many of
the economic, social, political and technological benefits it brings could
Reaction. Ed Black, head of the
Computer and Communications Industry Association (CCIA), stated in a
that "This decision reflects an astonishing lack of understanding about how the
Internet works and an insensitivity to how important it is to keep the Internet
open and free from misguided censorship efforts. It also reflects a fundamental
misunderstanding of the European E-Commerce Directive. Properly interpreted, it
should protect Google employees and other similarly innocent employees of other
Internet companies -- especially when they respond rapidly to deal with
objectionable content, as Google did in this case. We hope and expect the
appellate process will correct this grave error because it is wrong and harmful
to all involved."
"Otherwise, if Italian law requires the impossible from Internet companies in
Europe, there will be no Internet companies in Europe", said Black.
Leslie Harris, head of the Center for Democracy
and Technology (CD), stated in a
release that "Today's stunning verdict sets an extremely dangerous precedent
that threatens free expression and chills innovation on the global Internet.
This is precisely the sort of action by a western democracy that undermines
Secretary Clinton's call for global Internet freedom. The principle that
technological intermediaries should be protected from liability for content
posted by users has been a cornerstone of Internet freedom. It is enshrined in
both EU and U.S. law."
She continued that "This ill-advised prosecution and conviction of Google
senior executives is plainly contrary to the 2000 EU E-Commerce Directive and to
the best practices of thriving Internet economies. If the conviction is allowed
to stand, it will chill the provision of web 2.0 services that provide
user-generated content platforms in Italy, and Italian Internet users will find
themselves without a powerful forum for free expression."
"Most troubling", said Harris, "what happened it Italy is unlikely to
stay in Italy. The Italian court's actions today will surely embolden authoritarian
regimes and be used justify their own efforts to suppress Internet freedom."
Service Provider Immunity. US law, and the law of many nations,
provide for immunity from criminal or civil liability of various types of
communications services providers for statements made by the users of their
facilities. For examples, the US Postal Service (USPS) is not liable for, and
has no duty to read and censor, statements made by people who send letters carried by
the USPS. Telephone companies and voice over internet protocol
service providers are not liable for, and have no duty to listen to and censor
statements made by their users. Courier delivery services have no similar
liability or duty. Also, federal statute, codified at
47 U.S.C. § 230, provides that interactive computer services have no similar
liability or duty.
47 U.S.C. § 230(c)(1) provides that "No provider or user of an interactive
computer service shall be treated as the publisher or speaker of any information
provided by another information content provider."
47 U.S.C. § 230(f)(2) provides that "The term ``interactive computer
service´´ means any information service, system, or access software provider
that provides or enables computer access by multiple users to a computer server,
including specifically a service or system that provides access to the Internet
and such systems operated or services offered by libraries or educational
The conviction by the Italian court rejects the principle of service provider
immunity in the context of interactive web sites, social networking web sites,
and other web sites that allow users posted text, pictures, videos, or other
forms of expression and communication.
However, it should be noted that while neither the Department of Justice
(DOJ) nor the US judiciary have taken any actions that are so directly
contradictory to the principle of interactive service provider immunity, both
the DOJ's Civil Rights Division and the
U.S. Court of Appeals (9thCir) have taken actions that are inconsistent with
As for the 9th Circuit, which may be carving out judicially created
exceptions to Section 230 immunity, see
titled "En Banc 9th Circuit Panel Rejects Section 230 Immunity in Roommates.com
Case" in TLJ Daily
E-Mail Alert No. 1,741, April 2, 2008.
As for the DOJ, see for example story titled "DOJ Settles Case Against
Interactive Computer Service" in
TLJ Daily E-Mail
Alert No. 808, December 31, 2003.
|FCC to Adopt National Broadband Plan at
March 16 Meeting
2/23. The Federal Communications Commission (FCC) announced in a
release its tentative agenda for its event on March 16, 2010, titled "open
This agenda lists two items: (1) "National Broadband Plan Presentation:
Commission staff will present the National Broadband Plan", and 92) "Broadband
Mission Statement: The Commission will vote on a Broadband Mission Statement,
containing goals for U.S. broadband policy."
Section 6001(k) of HR 1
| WW], the
huge spending bill enacted in February of 2009, directs the FCC to write a
"report containing a national broadband plan" by February 17, 2010.
The FCC adopted and released a
Notice of Inquiry [59 pages in PDF] requesting comments on April 8, 2009. It
is FCC 09-31 in GN Docket No. 09-51. See, stories titled "FCC Releases NOI on
Broadband Plan", "Additional Questions Asked by FCC's Broadband Plan Notice of
Inquiry", and "Broadband Plan Statute: Public Law No. 111-5, § 6001(k)" in
TLJ Daily E-Mail
Alert No. 1,924, April 11, 2009.
FCC Chairman Julius Genachowski announced on January 7, 2010, in
letters [PDF] to the Chairmen and ranking Republicans on the House and
Senate Commerce Committees that the FCC would be one month late in completing
this report. See, story titled "FCC to Delay Completion of National Broadband
Plan" in TLJ Daily
E-Mail Alert No. 2,034, January 7, 2010.
The FCC does not follow its published agendas. It often adds and/or deletes
items. It does not always hold its open meetings at the announced times. (The
just issued release does not state a time.) It usually does not release the
items that it adopts at its open meeting until days, weeks or months afterwards.
|Genachowski Proposes Public Safety Use of
Entire 700 MHz Band
2/25. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a
at the FCC regarding public safety and the FCC's forthcoming national broadband plan
Among others things, he said the the NBP will propose moving forward with the
D Block auction, and also mandating that public safety entities have access to "the
entire 700 MHz band through roaming and priority access arrangements".
Genachowski (at left) said
that "Public safety must have consistent and prompt access to secure, robust networks
of the highest quality and first responders should be equipped with state-of-the-art
devices and applications that are 100 percent interoperable and easy to use."
He said that the public safety portion of the NBP "will address three general
areas relating to public safety and homeland security." It will "Recommend
concrete steps for the deployment of a nationwide interoperable wireless broadband network
for public safety", "Focus on increasing cybersecurity and critical infrastructure
survivability of broadband networks", and "Propose measures to advance Next
Generation 9-1-1 services and new public alerting initiatives that leverage broadband
Regarding an interoperable broadband network for public safety, Genachowski said that
NBP "Ensures that broadband wireless communications for public safety will be fully
interoperable across all geographies and jurisdictions", "Ensures nationwide
coverage", "Provides for funding for the construction, operation and evolution
of the public safety network", "Provides for reserve capacity and needed
redundancy and reliability through roaming and priority access on commercial broadband
networks", and "Ensures that public safety will have available to it cutting-edge
technology, including handsets, at consumer electronic prices".
He added that the NBP calls for the "creation of an Emergency Response
Interoperability Center (ERIC)".
Also, the NBP will recommend that the "Congress consider significant public
funding -- $16-18 Billion over 10 years -- for the creation of a federal grant program to
help support network construction, operation and evolution of the pubic safety broadband
He continued that the "private sector simply is not going to build a
nationwide, state-of-the-art, interoperable broadband network for public safety
on its own dime".
Previously, the FCC tried, but failed, in an attempt to structure spectrum
usage in a way that would lead to a privately built interoperable public safety
network, in the D Block component of the 700 MHz auction in 2008.
The D Block is 10 megahertz of paired spectrum (758-763 MHz and 788-793
MHz). It was to have been auctioned in the 700 MHz auction (the FCC's
Auction No. 73) as one nationwide license, subject to a Public/Private Partnership.
The plan was for a commercial licensee to build a nationwide broadband interoperable
network for use by public safety entities. This licensee would then have had preemptible
secondary access to the spectrum. The FCC closed this auction on March 18, 2008. However,
no bidder bid the reserve price for the D Block.
Genachowski then continued that the NBP recommends "that we move forward with a
D Block auction. And in order to ensure sufficient reserve capacity for the network, as
well as redundancy and resiliency, the Plan envisions that public safety will be able to
access not just the D Block spectrum, but the entire 700 MHz band through roaming and
priority access arrangements."
James Barnett, Chief of the FCC's Public Safety & Homeland Security Bureau, also
spoke at the same event. He wrote in his
that this proposal would authorize "public safety broadband users to roam on commercial
networks and obtain priority access on terms that are reasonable and affordable".
"Rather than solely focusing on just the D-Block, through the
Plan, public safety isn't limited to 10 or even 20 megahertz of spectrum, but
could have access to as much as 80 megahertz under these arrangements", said
FCC mandated access to spectrum held by commercial licensees, at "terms that are
reasonable and affordable", implies FCC regulation of both terms and prices, rather than
market transactions. Moreover, the FCC has already completed the 700 MHz auction (except
for the D Block) without imposing the restrictions on the auction winners that Genachowski
and Barnett now propose.
Genachowski also announced that "we must ensure that the public safety community
has access to a competitive environment to ensure the deployment of their network. To that
end, our approach does not limit the public safety community to one potential partner.
Instead, public safety can select any commercial operator it determines it is appropriate
or, if it prefers, a systems integrator to partner with."
|About Tech Law
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For information about subscriptions, see
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Tech Law Journal now accepts credit card payments. See, TLJ
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TLJ is published by
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P.O. Box 4851, Washington DC, 20008.
Copyright 1998-2010 David Carney. All rights reserved.
|This issue contains the following items:
• Senators Announce Progress on Patent Reform Legislation
• Italian Court Convicts Three Google Officers for Video Posted on Google Video
• FCC to Adopt National Broadband Plan at March 16 Meeting
• Genachowski Proposes Public Safety Use of Entire 700 MHz Band
New items are highlighted in
|Thursday, February 25
The House will meet at 10:00 AM for
legislative business. It will consider HR 2701
"Intelligence Authorization Act for Fiscal Year 2010". It will also
consider a motion to concur in the Senate's amendments to HR 3961
Medicare bill, which as amended and passed by the Senate on February 24, is a bill
to extend for one year certain expiring provisions of the 2001 surveillance act
(Section II of
(107th Congress), titled "USA PATRIOT Act", Public Law No. 107-56) and certain
expiring provisions of the "Intelligence Reform and Terrorism Prevention
Act of 2004"
(108th Congress), Public Law No. 108-458). See, Rep. Hoyer's
schedule for week of February 22, and
schedule for February 25.
The Senate will meet at 10:00 AM. It will
resume consideration of the House message to accompany HR 1299,
"United States Capitol Police Administrative Technical Corrections Act of
2009". This bill also includes the "Travel Promotion Act of
9:00 AM. The Senate Banking
Committee (SBC) will hold a hearing titled "The Semiannual Monetary Policy
Report to the Congress". The sole witness will be Ben Bernanke, Chairman of
the Federal Reserve Board (FRB). See,
notice. Location: Room 342, Dirksen Building.
9:00 - 11:00 AM. The
House Intelligence Committee
(HIC) will hold a closed hearing titled "Cyber Security Defense". See,
Location: Room HVC-304, Capitol Building.
9:00 - 10:30 AM. The American
Bar Association's (ABA) Section of International Law will host a panel discussion
by teleconference titled "Around the World in 90 Minutes: New Developments in
Merger Review". The price ranges from $10 to $20. Registration is required. See,
10:00 AM. The Senate Judiciary
Committee (SJC) will hold an executive business meeting. The agenda once again
lists consideration of the nomination of Dawn Johnsen to be Assistant Attorney
General in charge of the Office of Legal Counsel
(OLC). The agenda also includes consideration of Lucy Koh to be a Judge of
the U.S. District Court for the Northern
District of California. See, story titled "Obama Picks Lucy Koh to Replace
Ron Whyte on District Court" in TLJ Daily E-Mail Alert No. 2,038, January 25,
2010. The agenda also includes consideration of several other judicial nominees:
Gloria Navarro (USDC/DNev), Audrey Fleissig (USDC/EDMO), Jon Deguilio (USDC/NDInd),
Tanya Pratt (USDC/SDInd), and Jane Stinson (USDC/SDInd). The SJC rarely follows its
published agendas. The SJC will webcast this event. See,
Location: Room 226, Dirksen Building.
10:00 AM. The House
Judiciary Committee (HJC) will hold a hearing titled "Competition in the
Media and Entertainment Distribution Market". The witnesses will be Brian
Roberts (Ch/CEO of Comcast), Jeff Zucker (P/CEO of NBC Universal), Jean Prewitt
(Independent Film & Television Alliance), Thomas Hazlett (George Mason University
School of Law), Mark Cooper (Consumer Federation of America), Larry Cohen (President
of the Communications Workers of America). See,
HJC will webcast this event. Location: Room 2141, Rayburn Building.
10:00 AM. The House
Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a
hearing on the FY 2011 budget for the Department
of Homeland Security (DHS). The witness will be Janet Napolitano (Secretary of
Homeland Security). The HAC will webcast this event. Location: Room 2359, Rayburn
10:00 AM - 3:00 PM. The Office of the National Coordinator for Health
Information Technology's HIT Policy Committee's Adoption/Certification Workgroup will
meet. See, notice in
the Federal Register, February 9, 2010, Vol. 75, No. 26, at Pages 6398-6399.
Location: Omni Shoreham Hotel, 2500 Calvert St., NW.
10:00 - 10:45 AM. Federal Communications Commission
(FCC) Chairman Julius Genachowski and Jamie Barnett (Chief of the FCC's
Public Safety and Homeland Security Bureau) will hold a news conference
regarding the drafting of a national broadband plan. The FCC notice
states that "Credentialed reporters who plan to attend should contact Robert
Kenny" at robert dot kenny at fcc dot gov. Location: FCC, Room 7B-516, 445
12th St., NW.
12:00 NOON - 1:00 PM. The Heritage
Foundation will host an event titled "Telecosm Revisited: Why the
Government Should Not Set Rules of the Road for the Internet". The
speakers will be George Gilder, author of the
book titled "Telecosm", and
(Heritage). See, notice.
Location: Heritage, 214 Massachusetts Ave., NE.
12:15 - 1:30 PM. The Federal Communications
Bar Association's (FCBA) Engineering and Technical Practice Committee will host a
brown bag lunch titled "Spectrum Policy and Capital Formation For New Wireless
Technologies". The speakers will include
Bryan Tramont (Wilkinson Barker
Knauer) and Toni
Bush (Skadden Arps). For more information, contact Tami Smith at 202-736-8257 or
tesmith at sidley dot com. Location: Sidley Austin,
1501 K St., NW.
1:30 - 2:30 PM. The American
Bar Association's (ABA) Section of Intellectual Property Law will host a panel
discussion by teleconference titled "What Companies Need to Know NOW About
Social Networking, Privacy Protection, and the Latest Legal & Regulatory
Developments". The speakers will by Andra Dallas (Children's Advertising Review
Unit) and Liisa Thomas (Winston Strawn). Prices vary. Registration is required. See,
RESCHEDULED FROM FEBRUARY 11. 2:00 PM. the
House Homeland Security Committee (HHSC)
will hold a hearing titled "The President’s FY 2011 Budget Request for the
Department of Homeland Security". The witness will be Janet Napolitano,
Secretary of Homeland Security. Location: Room 311, Cannon Building.
2:00 - 3:30 PM. The
New America Foundation (NAF) will
host an event titled "Shaping Media Policy for the 21st Century: A
Conversation with the FCC's Steve Waldman". The speakers will be Steve
Waldman (FCC), Steve Coll (NAF), and Michael Kinsley (The Atlantic magazine).
This event is free and open to the public. See,
and registration page. Location: NAF, 1899 L St., NW.
5:00 PM. Deadline to submit comments to the
U.S. Patent and Trademark Office (USPTO)
regarding "other matters" discussed at its January 20, 2010, public
roundtable. The USPTO is considering revising its rules of practice before the
Board of Patent
Appeals and Interferences (BPAI) in ex parte patent appeals. Comments on the
notice of proposed rulemaking are due by February 12, 2010. However, comments on
"other matters discussed at the roundtable" are due by February 25, 2010.
See also, story titled "USPTO Seeks Comments on Rules of Practice before the BPAI
in Ex Parte Appeals" in
TLJ Daily E-Mail Alert No.
2,026, December 22, 2009.
6:00 - 8:00 PM. The Federal Communications
Bar Association's (FCBA) Young Lawyers Committee will host an event titled
"Happy Hour". For more information, contact Cathy Hilke at chilke at
wileyrein dot com or Micah Caldwell at mcaldwell at fh-law dot com. Location: James
Hoban's Irish Restaurant & Bar, 1 Dupont Circle, NW.
Day two of a two day event hosted by the
Armed Forces Communications and Electronics
Association (AFCEA) titled "Homeland Security Conference". At 2:15 PM,
there will be a panel titled "Information/Intelligence Sharing -- Balancing
Privacy". See, conference web
site. Location: Ronald Reagan International Trade Center.
|Friday, February 26
The House will meet at 9:00 AM for legislative
business. See, Rep. Hoyer's
schedule for week of February 22.
8:30 AM - 12:30 PM. The District of Columbia will host an event
titled "DC Community Broadband Summit". For more information, contact
Ayanna Smith at 202-724-5178 or Ayanna dot smith at dc dot gov. Locations: Ronald
Reagan Building and International Trade Center, and the Marriott Learning Complex,
1300 Pennsylvania Ave., NW.
9:30 - 11:00 AM. The New
America Foundation (NAF) will host a panel discussion titled "Searching
for Saddam: What Social Networks Mean for Modern Warfare". The speakers will
include Chris Wilson (Slate magazine), Scott Helfstein (U.S. Military Academy), and
Peter Bergen (NAF). This event is free and open to the public. See,
registration page. Location: NAF, 1899 L St., NW.
10:00 AM. The
House Oversight and Government Reform Committee will hold a business meeting. The
agenda includes mark up of HR 4098
"Secure Federal File Sharing Act". See,
notice. Location: Room 2154, Rayburn Building.
11:00 AM - 1:00 PM. The
House Intelligence Committee (HIC) will hold a closed hearing titled "FY11
Intelligence Budget for Research and Development". See,
Location: Room HVC-304, Capitol Building.
12:00 NOON - 2:00 PM. The
Technology Policy Institute (TPI) will host a panel discussion titled
"Increasing Spectrum For Broadband: What Are The Options?". The speakers
will be Kathleen Ham (T-Mobile), Matthew Hussey (office of Sen. Olympia Snowe (R-ME)),
Evan Kwerel (FCC), John Leibovitz (FCC), Kevin Werbach (University of Pennsylvania
business school), Lawrence White (NYU business school), and Thomas Lenard (TPI). This
event is free and open to the public. Lunch will be served. Registration is requested.
See, notice. Location:
Room B-338, Rayburn Building.
5:00 PM. Deadline to submit certain applications to the
National Telecommunications and Information
Administration (NTIA) for planning and construction grants for public
telecommunications facilities under the Public Telecommunications Facilities
Program (PFFP) for FY 2010. This deadline applies to applications for new
FM stations filed during the February 2010 Federal Communications Commission (FCC)
FM Window. See, notice in
the Federal Register, December 2, 2009, Vol. 74, No. 230, at Pages 63120-63122.
EXTENDED FROM FEBRUARY 23. 5:00 PM. Extended deadline for
foreign governments to submit comments to the Office of the
U.S. Trade Representative (OUSTR) to assist it in making determinations that identify
countries that deny adequate and effective protection of intellectual property rights (IPR)
or deny fair and equitable market access to U.S. persons who rely on intellectual property
protection. The OUSTR is required to make these Special 301 determinations by Section 182
of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242. See,
notice in the
Federal Register, January 15, 2010, Vol. 75, No. 10, at Pages 2578-2580. See,
notice of extension.
EXTENDED FROM FEBRUARY 12. 5:00 PM. Extended deadline to
submit comments to the U.S. Patent and Trademark
Office (USPTO) regarding its proposal to revise its rules of practice before the
Board of Patent
Appeals and Interferences (BPAI) in ex parte patent appeals. See,
notice in the
Federal Register, December 22, 2009, Vol. 74, No. 244, at Pages 67987-68004. See
also, story titled "USPTO Seeks Comments on Rules of Practice before the BPAI in
Ex Parte Appeals" in
TLJ Daily E-Mail Alert No.
2,026, December 22, 2009. And see,
notice of extension in
the Federal Register, February 1, 2010, Vol. 75, No. 20, at Pages 5012-5013.
Deadline to submit comments to the Copyright Royalty Judges (CRJ)
regarding the motion of Phase I claimants for partial distribution in
connection with the 2004 through 2007 satellite royalty funds. See,
notice in the
Federal Register, January 27, 2010, Vol. 75, No. 17, at Pages 4423-4424.
|Monday, March 1
10:00 AM. The U.S. Court
of Appeals (FedCir) will hear oral argument in Dow Jones & Company v.
Ablaise Ltd., App. Ct. No. 2009-1524, an appeal from the
U.S. District Court (DC) in a
patent infringement case regarding web page personalization. Location:
Courtroom 201, 717 Madison Place, NW.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Golden Hour Data
Systems, Inc. v. emsCharts, Inc., App. Ct. No. 2009-1306, an appeal
from the U.S. District Court (EDTex)
in a patent infringement case. Location: Courtroom 402, 717 Madison Place, NW.
Deadline to submit comments to the Federal Trade
Commission (FTC) regarding self-regulatory guidelines submitted by
i-safe under the safe harbor provision of the
Children's Online Privacy Protection rule. See, i-safe's
application [22 pages
in PDF], proposed
guideline requirements [30 pages in PDF], and
chart [10 pages
in PDF] comparing sections of the rule to the proposed guidelines. See also, FTC
[6 pages in PDF]. See, story titled "FTC Seeks Comments
on Proposed COPPA Safe Harbor" in TLJ Daily E-Mail Alert No. 2,033, January 6,
Deadline to submit initial comments to the Federal Communications
Commission (FCC) in response to its Second Further Notice of Proposed
Rulemaking (2ndFNPRM) regarding the Emergency Alert System (EAS) The
FCC adopted this item on January 12, 2010, and released the
text [23 pages in PDF] on January 14. It is FCC 10-11 in EB Docket No.
04-296. See, notice
in the Federal Register, January 29, 2010, Vol. 75, No. 19, at Pages
|Tuesday, March 2
9:00 - 10:30 AM. The Information
Technology and Innovation Foundation (ITIF) will host a panel discussion titled
"Going Mobile: Technology and Policy Issues in the Mobile Internet".
The speakers will be Robert Atkinson (ITIF), Richard Bennett (ITIF), Harold Feld
(Public Knowledge), Morgan Reed (Association for Competitive Technology), and Barbara
Esbin (Progress & Freedom Foundation). See,
notice. This event is free and
open to the public. The ITIF will webcast this event. Location: ITIF, Suite 610A,
1101 K St., NW.
10:00 AM. The
Senate Judiciary Committee's (SJC) Subcommittee on Human Rights and the
Law will hold a hearing titled "Global Internet Freedom and the Rule of
Law, Part II". See,
The SJC will webcast this event. Location: Room 226, Dirksen Building.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in iLight Technologies,
Inc. v. Fallon Luminous Corp., App. Ct. No. 2009-1342, an appeal from
the U.S. District Court (MDTenn) in a patent infringement case involving LED
lighting technology. Location: Courtroom 201, 717 Madison Place, NW.
RESCHEDULED FROM FEBRUARY 10. 11:00 AM - 12:00 NOON. The
Federal Communications Commission's (FCC) Advisory Committee for the 2012 World
Radiocommunication Conference will meet. See,
notice in the Federal
Register, January 14, 2010, Vol. 75, No. 9, at Page 2141. See also, FCC
notice of postponement, FCC
of rescheduling, and
rescheduling in the Federal Register, February 19, 2010, Vol. 75, No. 33, at
Page 7480. Location: FCC, Commission Meeting Room, 445 12th St., SW.
12:00 NOON - 1:30 PM. The
American Bar Association's (ABA) Section of
Antitrust Law will host a panel discussion by teleconference titled "Basics of
Copyright, Trade Secrets and Trademarks". The speakers will by Gary Weiss
(Orrick Herrington & Sutcliffe), Randi Singer, Weil, Gotshal, & Manges), Pierre
Davis (McGraw-Hill Companies), Arman Oruc (Simpson Thacher & Bartlett), and Andrea
D'Ambra (Drinker Biddle & Reath). The event is free, but registration is required.
|Wednesday, March 3
10:00 AM. The
Senate Finance Committee (SFC) will hold a hearing titled "The 2010
Trade Agenda". The witness will be Ron Kirk, head of the
Office of the U.S. Trade Representative (OUSTR).
Location: Room 215, Dirksen Building.
10:00 AM. The
House Judiciary Committee (HJC) will hold a hearing titled "Domestic
and International Trademark Implications of HAVANA CLUB and Section 211 of the
Omnibus Appropriations Act of 1999". See,
Location: Room 2141, Rayburn Building.
2:00 PM. The U.S. Court of Appeals
(FedCir) will hear oral argument en banc in Princo Corp. v. USITC,
App. Ct. No. 2007-1386, a case regarding importation of compact discs. See,
April 20, 2009,
panel opinion [pages in PDF] of the Court of Appeals. Location: Courtroom
201, 717 Madison Place, NW.
The Office of the U.S. Trade
Representative (OUSTR) will hold a hearing to assist it in making
determinations that identify countries that deny adequate and effective protection
of intellectual property rights (IPR) or deny fair and equitable market access to
U.S. persons who rely on intellectual property protection. The OUSTR is required to
make these Special 301 determinations by Section 182 of the Trade Act of 1974,
which is codified at 19 U.S.C. § 2242. See,
notice in the
Federal Register, January 15, 2010, Vol. 75, No. 10, at Pages 2578-2580.
Location: U.S. International Trade Commission, 500 E St., SW.
11:00 AM - 6:00 PM. The
Association of American Publishers (AAP) will hold an event titled "AAP
General Annual Meeting". There will be a panel discussion titled "The
Future of Copyright". The speakers will include
(Register of Copyright), Mark Helprin (author of the
book [Amazon] titled "Digital Barbarism: A Writer's Manifesto"), and
Pamela Samuelson (UC
Berkeley). There will also be a panel titled
"Navigating Changes in Business Models in the Emerging Digital World". See,
agenda. Location: Hyatt Regency on Capitol Hill, Columbia Room A & B, 400
New Jersey Ave., NW.
|Thursday, March 4
9:00 AM - 2:00 PM. The
National Telecommunications and Information Administration's (NTIA) Commerce
Spectrum Management Advisory Committee will meet. See,
notice in the Federal
Register, February 18, 2010, Vol. 75, No. 32, at Page 7234. Location: Department of
Commerce, Room 4830, 1401 Constitution Ave., NW.
10:00 AM - 12:00 NOON. The
House Science Committee (HSC) will
hold a hearing titled "Reform in K-12 STEM Education". The HSC will
webcast this event. Location: Room 2318, Rayburn Building.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Siemans AG v. Seagate
Technology, App. Ct. No. 2009-1382, an appeal from the
U.S. District Court (CDCal) in a
patent infringement case involving technology for reading data on hard disk
drives. Location: Courtroom 402, 717 Madison Place, NW.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Lincoln National Life
Insurance Company v. Transamerica Life Insurance Company, App. Ct.
No.2009-1403, a patent infringement case regarding a computer based method for
providing retirement benefits. Location: Courtroom 201, 717 Madison Place, NW.
12:00 NOON - 2:00 PM. The DC
Bar Association will host a panel discussion titled "Cloud Computing: A Truly
New Service or Just a New Trendy Name?". The speakers will be Bruce Andrews (General
Counsel, Senate Commerce Committee), Jeffery Goldthorp (FCC), Debra Diener (IRS), Lew
Oleinick (Defense Logistics Agency), John Nagengast (AT&T), Stephen Schmidt (Amazon
Web Services), and Carolyn Brandon (Georgetown University business school). The price to
attend ranges from free to $30. Most DC Bar events are not open to the public. See,
For more information, call 202-626-3463. Location: DC Bar Conference Center,
1101 K St., NW.
2:30 PM. The Federal Trade
Commission's (FTC) Bureau of
Economics (BOE) will host a seminar presented by
Scott Hemphill (Columbia
University law school) and Bhaven Sampat (Columbia). Hemphill has published papers on
antitrust, drug patent settlements), and network neutrality. For more information,
contact Loren Smith lsmith2 at ftc dot gov or Tammy John tjohn at ftc dot gov. Location:
FTC, Conference Center, 601 New Jersey Ave., NW.
6:00 - 8:00 PM. The Federal
Communications Bar Association (FCBA) Wireline Committee will host an event titled
"Special Access: Historical Perspective and Current Issues". The price
to attend ranges from $95 to $150. This event qualifies for continuing legal education
credits. Registrations and cancellations are due by 5:00 PM on March 2.
Location: 6th floor, Sidley Austin, 1501 K
10:30 AM - 5:00 PM. The Federal
Communications Commission (FCC) will host a workshop
titled "Serving the Public Interest in the Digital Era". The topics
on the agenda include the public interest requirements for commercial media and
telecommunications companies, local commercial broadcast TV and radio news and
information, and "impact of media convergence and the emergence of the Internet,
mobile technologies, and digital media on FCC media policy". See,
notice. Location: FCC, Commission Meeting Room.
Deadline to submit to the Federal Communications
Commission (FCC) statements in support of or in opposition to the
for rulemaking [22 pages in PDF] submitted by the
California Public Utilities Commission
(CPUC) regarding direct access to the FCC's Network Outage Reporting System
(NORS). See, notice
in the Federal Register, February 9, 2010, Vol. 75, No. 26, at Pages
6339-6340. This proceeding is RM-11588 and ET Docket No. 04-35.