5/30. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register (FR) that announces, describes, recites, and sets the comment deadline for, it proposed rules for implementing the micro entity provision of the Leahy Smith America Invents Act.

David Kappos (at right), head of the USPTO, stated in a release that "The new micro entity provision in the America Invents Acts makes our patent system more accessible for smaller innovators by entitling them to a 75% discount on patent fees".

This release adds the the proposed rules establish procedure "for an applicant to claim micro entity status and to pay patents fees as a micro entity. The USPTO likewise is proposing changes to the rules of practice to set procedures for an applicant to notify the Office of the loss of micro entity status and to correct payments of patent fees erroneously paid in the micro entity amount."

The "Leahy-Smith America Invents Act", or AIA, was HR 1249 [LOC | WW]. President Obama signed it into law on September 16, 2011. It is now Public Law No. 112-29.

Section 10 of the AIA pertains to "Fee Setting Authority". It provides that "The Director may set or adjust by rule any fee established, authorized, or charged under title 35", but that such fees "shall be reduced by 75 percent with respect to the application of such fees to any micro entity".

Section 10 then provides that "micro entity" means "an applicant who makes a certification that the applicant ... (1) qualifies as a small entity, as defined in regulations issued by the Director ... (2) has not been named as an inventor on more than 4 previously filed patent applications ... (3) did not, in the calendar year preceding the calendar year ... have a gross income ... exceeding 3 times the median household income ...(4) has not assigned, granted, or conveyed, and is not under an obligation by contract or law to assign, grant, or convey, a license or other ownership interest in the application concerned ..."

The deadline to submit comments is July 30, 2012. See, FR, Vol. 77, No. 104, Wednesday, May 30, 2012, Pages 31806-31814.

5/30. President Obama signed into law HR 2072 [LOC | WW], the "Export-Import Bank Reauthorization Act of 2012". See, White House news office release and release. It is now Public Law No. 112-122.

The authority of the Export Import Bank of the US, a federal agency that provides export financing, would have expired on May 31, 2012, if this bill had not been enacted. See also, Export Import Bank release.

The Senate passed the bill on May 15, 2012, by a vote of 78-20. See, Roll Call No. 96.

The House passed the bill on May 9, 2012, by a vote of 330-93. See, Roll Call No. 224. Representatives from both parties praised the merits of the bill.

Rep. Eric Cantor (R-VA) urged temporary support. He stated in the House that "I am no fan of government subsidies. Export subsidies distort the free market and global trade. And in a perfect world, the Ex-Im Bank, along with its counterparts in Europe, Asia, and elsewhere, would not exist. But like any other barrier to free trade, the best way to level the playing field and open up markets is through negotiation. Our country has long had a policy to negotiate an end to barriers which prevent the free flow of goods and services. And now, Mr. Speaker, for the first time, with this bill, it will be U.S. policy to initiate and pursue negotiations to end government export subsidies. This is not just a worthwhile goal; it is actually an achievable one. Now, I know some suggest that we shouldn't negotiate and that we should just shutter the Export-Import Bank right now, that we shouldn't pass the bill, but I would tell my colleagues that I believe that amounts to unilateral disarmament."

Rep. Tom McClintock (R-CA) spoke in opposition. He stated that "this program dragoons American taxpayers into subsidizing loans to foreign companies, making it cheaper for them to buy products from politically favored companies, which in turn use those products to compete against less-favored American companies. Past beneficiaries include such upstanding enterprises as Solyndra and Enron. Since 2007, almost half of its money goes to support that plucky little start-up called Boeing. Air India got $5 billion to purchase Boeing aircraft, allowing them to undercut American carriers like Delta with their own tax money."

Robert Atkinson, head of the Information Technology and Innovation Foundation (ITIF), has spoken and written in support of this bill. For example, he released a paper [10 pages in PDF] in April titled "The Export-Import Bank Works For America: Responses to 18 Arguments for Cutting Ex-Im’s Authorization". He wrote that "U.S. enterprises are up against formidable competitors, many of them receiving significant support from their governments".

He continued that "One key factor in this competitive race is export financing. Foreign competitors enjoy substantial and growing support from their countries’ export credit agencies (ECAs). Indeed, many of the United States' strongest international trade competitors invest significantly more in export credit assistance as a share of both GDP and exports than the United States does."

Atkinson argued that the US "has only three choices: 1) Unilateral disarmament; 2) Expansion on Ex-Im financing to try to level the playing field; or 3) Globally binding treaties limiting export financing. The first option would result in an even greater loss of U.S. traded sector (and manufacturing) capacity than has already been the case. The third might be the ideal policy, but it won't happen anytime soon and the odds of it happening if the United States unilaterally disarms first are close to zero. The second is the only viable policy choice now." (Parentheses in original.)

5/21. The Securities and Exchange Commission (SEC) filed a civil complaint in the U.S. District Court (SDNY) against Reema D. Shah and Robert W. Kwok, alleging violation of Section 10b of the Securities Exchange Act of 1934, and Rule 10b-5, in connection with insider trading of Yahoo stock. The Department of Justice (DOJ) initiated a related criminal proceeding.

Kwok previously worked for Yahoo as Senior Director of Business Management.

The complaint alleges that "Kwok tipped Shah material, nonpublic information that an internet search engine partnership agreement between Yahoo and Microsoft ..., which had long been the subject of market rumors, would be announced soon. Shah was a portfolio manager for multiple mutual funds and hedge funds at RiverSource", and that this led to the purchase of "approximately 700,000 shares of Yahoo".

The one count complaint also alleges that "On a separate occasion, in April 2008, Shah tipped Kwok material, nonpublic information she had received concerning an upcoming acquisition of Moldflow Corp. by Autodesk, Inc. Based on that inside information, Kwok purchased 1,500 shares of Moldflow in a personal account."

The SEC also announced in a release that Shah and Kwok "have agreed to settle the SEC's charges. Financial penalties and disgorgement will be determined by the court at a later date. Under the settlements, Shah will be permanently barred from the securities industry and Kwok will be permanently barred from serving as an officer or director of a public company."

The SEC added that "In a parallel criminal case announced today by the U.S. Attorney's Office for the Southern District of New York, Kwok has pled guilty to conspiracy to commit securities fraud, and Shah has pled guilty to both a primary and conspiracy charge. Both are awaiting sentencing."

This case is SEC v. Reema D. Shah and Robert W. Kwok, U.S. District Court for the Southern District of New York, D.C. No. 12-CV-4030.

5/30. Jon Rymer was named interim Inspector General (IG) of the Securities and Exchange Commission (SEC). He is already the IG of the Federal Deposit Insurance Corporation (FDIC), and will serve in both capacities. Noelle Maloney, who has been the SEC's interim IG since January, will resume her position as Deputy IG. See, SEC release. Also, Erica Williams was named the SEC's Deputy Chief of Staff on May 17. See, SEC release.

5/24. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of five judicial nominees: Robert Bacharach (to be a Judge of the U.S. Court of Appeals for the 10th Circuit), Paul Grimm ( U.S. District Court for the District of Maryland), John Dowdell (USDC/NDOkla), Mark Walker (USDC/NDFl), and Brian Davis (USDC/MDFl). All five are again on the agenda for the SJC's executive business meeting scheduled for June 7, 2012. See, notice.

5/14. Howard Shelanski was named Director of the Federal Trade Commission's (FTC) Bureau of Economics (BOE), effective July 1, 2012. He will replace Joseph Farrell, whose last day at the FTC was May 31, 2012. Deputy Director Pauline Ippolito will be the acting Director during the month of June. See, FTC release. Prior to this appointment, Shelanski was a professor at Georgetown University law school, and an attorney at the law firm of Davis Polk & Wardell. He was Deputy Director for Antitrust in the FTC's BOE from 2009 to 2011. Until 2009, he was a professor at UC Berkeley law school. He worked briefly at the President's Council of Economic Advisors, and then briefly as Chief Economist at the Federal Communications Commission (FCC), late in the Clinton administration. Shelanski is scheduled to participate in the Technology Policy Institute's (TPI) conference titled "The Future of Internet Economics" on June 15, 2012.

5/31. The Phoenix Center for Advanced Legal & Economic Public Policy Studies released a paper [7 pages in PDF] titled "Approximating the Distribution of Broadband Usage from Publicly-Available Data". The author is the Phoenix Center's George Ford.

5/30. The Federal Communications Commission (FCC) published a notice in the Federal Register, as required by the Privacy Act of 1974, regarding its collection, retention and sharing of personally identifiable information about people who visit the FCC headquarters or other FCC facilities. See, Federal Register, Vol. 77, No. 104, Wednesday, May 30, 2012, Pages 31851-31854.

5/10. The U.S. Patent and Trademark Office (USPTO) announced in a release the start of the Quick Path Information Disclosure Statement (QPIDS) pilot program. The USPTO stated that "The program reduces the number of Requests for Continued Examination (RCEs) filed for consideration of an IDS after the issue fee is paid."

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The House will meet at 9:00 AM. It will consider HR 5325 [LOC | WW], the "Energy and Water Development and Related Agencies Appropriations Act, 2013".

The Senate will not meet.

8:30 AM - 1:00 PM. Day three of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). Free. Open to the public. See, notice in the Federal Register, Vol. 77, No. 84, Tuesday, May 1, 2012, at Pages 25686-25687. Location: DOC/NIST, Heritage Room, Administration Building, 100 Bureau Drive, Gaithersburg, MD.

9:00 AM. The Copyright Office (CO) will hold a hearing regarding its triennial review of exemptions to the anticircumvention provisions of 17 U.S.C. § 1201. The deadline to submit requests to testify is 5:00 PM EDT on April 2, 2012. See, story titled "Copyright Office Schedules Hearings on Proposed Anticircumvention Exemptions" in TLJ Daily E-Mail Alert No. 2,351, March 20, 2012. Location: CO, Copyright Hearing Room, LM-408, James Madison Building, Library of Congress, 101 Independence Ave., SE.

9:30 AM. The House Financial Services Committee (HFSC) will hold a hearing titled "Cyber Threats to Capital Markets and Corporate Accounts". See, notice. Location: Room 2128, Rayburn Building.

9:30 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Class Action Seven Years After the Class Action Fairness Act". The witnesses will be Martin Redish (Northwestern University law school), Thomas Sobol (Hagens Berman), and John Beisner (Skadden Arps). See, notice. The CAFA was S 5 in the 109th Congress. It is now Public Law No. 109-2. It is codified at 28 U.S.C. § 1332(d)(2). Location: Room 2141, Rayburn Building.

1:00 - 2:30 PM. American Bar Association's (ABA) Section of Intellectual Property Law will host a webcast and teleconferenced panel discussion titled "Understanding the America Invents Act: A Sweeping Change of U.S. Patent Prosecution Practice". The speakers will be Robert Bahr (USPTO), Thomas Irving (Finnegan Henderson), Teresa Rea (USPTO), MaCharri Jones (Eli Lilly), Donna Meuth (Eisai Inc.). The price ranges from $75 to $195. CLE credits. See, notice.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding interoperability in the 700 MHz bands. The FCC adopted and released this NPRM on March 21, 2012. It is FCC 12-31 in WT Docket No. 12-69. See, notice in the Federal Register, Vol. 77, No. 63, Monday, April 2, 2012, at Pages 19575-19589. See also, stories titled "FCC Adopts NPRM on Interoperability in 700 MHz Bands" and "Reaction to FCC NPRM on Interoperability in 700 MHz Bands" in TLJ Daily E-Mail Alert No. 2,353, March 22, 2012.

10th anniversary of the Supreme Court's opinion in Holmes v. Vornado, 535 U.S. 826 (2003). See, story titled "Supreme Court Rules on Appellate Jurisdiction of Federal Circuit" in TLJ Daily E-Mail Alert No. 443, June 4, 2002. HR 1249 [LOC | WW], the "America Invents Act", Public Law No. 112-29, at Section 19(b), undid the holding in this case.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Notice of Inquiry (NPRM and NOI) [84 pages in PDF] regarding use of MSS Spectrum for Terrestrial Broadband. The FCC adopted and released this item on March 21, 2012. It is FCC 12-32 in WT Docket No. 12-70, ET Docket No. 10-142, and WT Docket No. 04-356. See, notice in the Federal Register, Vol. 77, No. 74, Tuesday, April 17, 2012, at Pages 22720-22748. See also, story titled "FCC Adopts NPRM Regarding Use of MSS Spectrum for Terrestrial Broadband" in TLJ Daily E-Mail Alert No. 2,353, March 22, 2012.

The Senate will meet at 2:00 PM. It will consider the nomination of Timothy Hillman to be a Judge of the U.S. District Court (DMass).

9:00 AM. The Copyright Office (CO) will continue its hearing regarding its triennial review of exemptions to the anticircumvention provisions of 17 U.S.C. § 1201. The deadline to submit requests to testify is 5:00 PM EDT on April 2, 2012. See, story titled "Copyright Office Schedules Hearings on Proposed Anticircumvention Exemptions" in TLJ Daily E-Mail Alert No. 2,351, March 20, 2012. Location: CO, Copyright Hearing Room, LM-408, James Madison Building, Library of Congress, 101 Independence Ave., SE.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "February Antitrust Update for In-House Counsel". The speakers will be from the law firm of Latham & Watkins. No CLE credits. Register by contacting dorothy at dorothyraymond dot com. See, notice.

9:00 AM. The Copyright Office (CO) will continue its hearing regarding its triennial review of exemptions to the anticircumvention provisions of 17 U.S.C. § 1201. The deadline to submit requests to testify is 5:00 PM EDT on April 2, 2012. See, story titled "Copyright Office Schedules Hearings on Proposed Anticircumvention Exemptions" in TLJ Daily E-Mail Alert No. 2,351, March 20, 2012. Location: CO, Copyright Hearing Room, LM-408, James Madison Building, Library of Congress, 101 Independence Ave., SE.

9:30 - 11:00 AM. The DC Bar Association will host a presentation titled "What You Need to Know About the New Patent Laws under the AIA". The price to attend is $15. Reporters are barred from attending most DC Bar events. No CLE credits. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

12:00 NOON - 2:00 PM. The Internet Caucus will host an event titled "What Role Should the UN Have in Governing the Internet? A Briefing on the UN's Internet Governance Initiative". The speakers will include Fiona Alexander (NTIA), Richard Beaird (Department of State), David Gross (Wiley Rein), Commissioner Robert McDowell (FCC), and Sally Wentworth (Internet Society). Free. Open to the public. Register by contacting rsvp at netcaucus dot org or 202-407-8829. Lunch will be served. Location: Room B-369, Rayburn Building.

1:00 - 2:00 PM. American Bar Association's (ABA) Section of Antitrust Law will host a webcast and teleconferenced panel discussion titled "Privacy and Information Security Update". The speakers will be Aryeh Friedman (Dun & Bradstreet), Lisa Sotto (Hunton & Williams) and Aaron Simpson (Hunton & Williams). For more information, and to register, contact Jeanne Welch at jawelch at vorys dot com. See, notice.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing titled "Intelligence Matters". See, notice. Location: Room 219, Hart Building.

Day one of a three day conference hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Cloud Computing Forum & Workshop V". See, notice in the Federal Register, Vol. 77, No. 87, Friday, May 4, 2012, at Page 26509. Location: DOC, Hoover Building, Room __, 401 Constitution Ave., NW.

8:00 AM - 2:30 PM. Day one of a two day event titled "Health Privacy Summit". See, notice. Location: Georgetown Law Center, 600 New Jersey Ave., NW.

Day two of a three day conference hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Cloud Computing Forum & Workshop V". See, notice in the Federal Register, Vol. 77, No. 87, Friday, May 4, 2012, at Page 26509. Location: DOC, Hoover Building, Room __, 401 Constitution Ave., NW.

9:00 AM. The Copyright Office (CO) will conclude its hearing regarding its triennial review of exemptions to the anticircumvention provisions of 17 U.S.C. § 1201. The deadline to submit requests to testify is 5:00 PM EDT on April 2, 2012. See, story titled "Copyright Office Schedules Hearings on Proposed Anticircumvention Exemptions" in TLJ Daily E-Mail Alert No. 2,351, March 20, 2012. Location: CO, Copyright Hearing Room, LM-408, James Madison Building, Library of Congress, 101 Independence Ave., SE.

9:00 AM - 5:00 PM. Day one of a two day conference hosted by the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services (DHHS) titled "Safeguarding Health Information: Building Assurance through HIPAA Security". See, notice. The price to attend is $395. Location: Ronald Reagan Building and International Trade Center.

10:15 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "The Future of Audio". See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a discussion of the book [Amazon] titled "Time to Start Thinking". The speakers will be the author, Ed Luce, and Robert Atkinson (head of the ITIF). See, notice. Free. Open to the public. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

1:30 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asian and the Pacific will hold a hearing titled "What's Next for the U.S.-Korea Alliance?". See, notice. Location: Room 2172, Rayburn Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Committee will host a program titled "The Road Ahead for Spectrum". Registrations and cancellations are due by 12:00 NOON on June 5. The price to attend ranges from $25 to $125. Location: Wiley Rein, 1776 K St., NW.

6:00 - 8:30 PM. The Phoenix Center for Advanced Legal & Economic Public Policy Studies will host a speech by Rep. Lee Terry (R-NE), Vice Chairman of the House Commerce Committee's (HCC) Subcommittee on Communications and Technology, and a panel discussion titled "Communications Act and FCC Reform". The speakers will be Neil Fried (HCC's Chief Communications and Technology Counsel), David Gross (Wiley Rein), Robert Quinn (AT&T), and Howard Symons (Mintz Levin). RSVP to 202-274-0235 or roundtable at phoenix-center dot org. Location: University Club, Roof, 1135 16th St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its its draft NIST IR-7848 [38 pages in PDF] titled "Specification for the Asset Summary Reporting Format 1.0".

8:00 AM - 2:30 PM. Day two of a two day event titled "Health Privacy Summit". See, notice. Location: Georgetown Law Center, 600 New Jersey Ave., NW.

Day three of a three day conference hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Cloud Computing Forum & Workshop V". See, notice in the Federal Register, Vol. 77, No. 87, Friday, May 4, 2012, at Page 26509. Location: DOC, Hoover Building, Room __, 401 Constitution Ave., NW.

9:00 AM - 4:30 PM. Day two of a two day conference hosted by the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services (DHHS) titled "Safeguarding Health Information: Building Assurance through HIPAA Security". See, notice. The price to attend is $395. Location: Ronald Reagan Building and International Trade Center.

9:30 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight of the United States Department of Justice". See, notice. Location: Room 2141, Rayburn Building.

9:30 AM - 2:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. Location: FCC, 445 12th St., SW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of five judicial nominees: Robert Bacharach (to be a Judge of the U.S. Court of Appeals for the 10th Circuit), Paul Grimm (U.S. District Court for the District of Maryland), John Dowdell (USDC/NDOkla), Mark Walker (USDC/NDFl), and Brian Davis (USDC/MDFl). See, notice. Location: Room 226, Dirksen Building.

11:00 AM - 12:30 PM. American Bar Association's (ABA) Section of Intellectual Property Law will host a webcast and teleconferenced panel discussion titled "International Patent Litigation: A Compare and Contrast of Patent Litigation in Different Countries". The speakers will be Koen Bijvank (Vereenigde), David Hill (Finnegan Henderson), Steve Schad (ESCO Corporation), and Stephanie Roberts (Banner & Witcoff). The price ranges from $75 to $195. See, notice.

12:00 NOON - 1:30 PM. American Bar Association's (ABA) Section of International Law will host a webcast and teleconferenced panel discussion titled "HIPAA and HITECH Act Fundamentals: What You Need to Know Now About the Privacy and Security Rules". The speakers will be Eddie Williams (Holland & Knight), Elaine Zacharakis (Zacharakis Loumbas Law), and Clay Countryman (Breazeale Sachse & Wilson). The price ranges from $95 to $195. CLE credits. See, notice.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing titled "Intelligence Matters". See, notice. Location: Room 219, Hart Building.

Day one of a two day event hosted by the American Intellectual Property Law Association (AIPLA) titled "Legal Secretaries & Administrators Conference". For more information, contact aipla at aipla dot org or call 703-415-0780. Location: USPTO, Alexandria, VA.

Day two of a two day event hosted by the American Intellectual Property Law Association (AIPLA) titled "Legal Secretaries & Administrators Conference". For more information, contact aipla at aipla dot org or call 703-415-0780. Location: USPTO, Alexandria, VA.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its Patents External Quality Survey. See, notice in the Federal Register, Vol. 77, No. 68, Monday, April 9, 2012, at Pages 21086-21087.