9/21. The House adjourned on September 21 until after the November elections. The Senate adjourned early on September 22 until November 13, 2012.

9/21. The Senate passed passed HR 6215 [LOC | WW], a technical corrections bill regarding remedies for trademark dilution, by voice vote. The House passed this bill on September 11, 2012. See, story titled "House Passes Technical Correction to Trademark Dilution Statute" in TLJ Daily E-Mail Alert No. 2,446, September 12, 2012. This bill is now ready for President Obama's signature. See also, story titled "Rep. Smith Introduces Bill to Tweak Trademark Dilution Statute" in TLJ Daily E-Mail Alert No. 2,414, July 28, 2012, and story titled "House Judiciary Committee Passes Technical Amendment to Trademark Dilution Statute" in TLJ Daily E-Mail Alert No. 2,422, August 6, 2012.

9/21. The Senate passed S 3486 [LOC | WW], the "Patent Law Treaties Implementation Act",  by voice vote. Sen. Patrick Leahy (D-VT) and Sen. Charles Grassley (R-IA) introduced S 3486 on August 2, 2012. The Senate Judiciary Committee (SJC) amended and approved this bill on September 20, 2012. See, story titled "Senate Judiciary Committee Approves Patent Law Treaties Implementation Act" in TLJ Daily E-Mail Alert No. 2,452, September 20, 2012. This bill would implement two patent law treaties, the "Hague Agreement Concerning International Registration of Industrial Designs", concluded in 1999, and the "Patent Law Treaty", concluded in 2000, which the Senate ratified in 2007. Rep. Lamar Smith (R-TX), Rep. John Conyers (D-MI), Rep. Bob Goodlatte (R-VA), and Rep. Mel Watt (D-NC) introduced the related bill in the House on September 19, 2012. See, HR 6432 [LOC | WW].

9/20.The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved S 3523 [LOC | WW], the "Innovative Design Protection Act of 2012" by voice vote. However, four Senators voted no.

Sen. Charles Schumer (D-NY) introduced S 3523 on September 10, 2012. This is a reintroduction of a related bill from the 111th Congress, S 3728 [LOC | WW], the "Innovative Design Protection and Piracy Protection Act". Sen. Schumer introduced that bill on August 5, 2010. The SJC amended and approved it on December 1, 2010, during the lame duck session. See, story titled "Senate Judiciary Committee Approves Bill to Give Copyright Protection to Fashion Designs" in TLJ Daily E-Mail Alert No. 2,166, December 2, 2010. However, the full Senate did not pass it.

Sen. Schumer conceded at the September 20 meeting that "we have been through this bill a few times before".

This bill would amend 17 U.S.C. § 1301. This section, which was added to the Copyright Act in 1998 by the Digital Millennium Copyright Act (DMCA), currently protects water vessel hull designs. This bill would add fashion apparel designs items. However, the term of protection would be only three years.

Sen. Mike Lee (R-UT), who opposes this bill, stated that "I am concerned that the bill might upset the vibrant competition characteristic in the fashion industry" and might be abused by large companies. He offered an amendment that would have directed the court to "award to the prevailing party all reasonable attorneys' fees". It failed.

The SJC approved this bill by voice vote. However, Sen. Jon Kyl (R-AZ), Sen. Tom Coburn (R-OK), Sen. John Cornyn (R-TX), and Sen. Lee asked to be recorded as voting no.

The Senate adjourned on September 22 without passing this bill.

Rep. Bob Goodlatte (R-VA) introduced a related bill in the House, HR 2511 [LOC | WW, the "Innovative Design Protection and Piracy Prevention Act", on July 13, 2011. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet, which Rep. Goodlatte chairs, held a hearing on this bill on July 15, 2011. See, HJC web page with hyperlinks to prepared testimony and video.

9/20. President Obama nominated Tony West (at right) to be the Associate Attorney General. See, White House news office release and release.

The Associate AG is the third ranked position at the Department of Justice (DOJ), after the AG (Eric Holder) and the Deputy AG (James Cole). The Associate AG oversees the key civil components of the DOJ, including the Antitrust Division, Civil Division, and Civil Rights Division.

Currently, West is the nominal Assistant Attorney General in charge of the Department of Justice's (DOJ) Civil Division, and the acting Associate Attorney General. West was nominated and confirmed for the position of Assistant AG for the Civil Division in 2009. In March of this year he was named acting Associate AG when Tom Perrelli left the DOJ. And, Stuart Delery was named acting Assistant AG for the Civil Division. Both West and Delery are still hold these positions in an acting capacity.

It might also be noted that the Antitrust Division has not had a confirmed Assistant AG since Christine Varney left over a year ago. The acting Assistant AG was first Sharis Pozen. It is now Joseph Wayland. The Senate Judiciary Committee (SJC) approved the nomination of William Baer on September 20, 2012.  However, the Senate adjourned on September 22 without confirming him.

AG Eric Holder and other senior DOJ officials have given Senate Republicans much cause to block DOJ nominees. For example, they have denied or ignored many requests from House committees, and Republican members of Senate committeesn for documents and information. Moreover, there are not enough votes to overcome filibusters. Hence, the nominations of West and others may languish for some time.

See also, story titled "Tony West Named Acting Associate Attorney General" in TLJ Daily E-Mail Alert No. 2,348, March 7, 2012.

9/19. President Obama again nominated Caitlin Halligan to be a Judge of the U.S. Court of Appeals for the District of Columbia. See, White House news office release.

This President has been trying unsuccessfully for years to put Halligan on the DC Circuit, which hears many petitions for review and appeals of final orders of the Federal Communications Commission (FCC). Senate Democrats failed to end a filibuster in a December 6, 2011 cloture vote. See, Roll Call No. 222.

See also, stories titled "Obama Nominates Caitlin Halligan for DC Circuit" in TLJ Daily E-Mail Alert No. 2,138, October 4, 2010, and "Senate Judiciary Committee Approves Halligan" in TLJ Daily E-Mail Alert No. 2,203, March 11, 2011.

She is General Counsel for the New York County District Attorney's Office. Previously, she worked at the law firm of Weil Gotshal & Manges for several years. Before that, she was Solicitor General of New York State. Before that, she held several positions in the Office of the New York State Attorney General, including Chief of the Internet Bureau. She was also briefly worked for the Washington DC law firm of Wiley Rein.

She has not been confirmed by the Senate, and is not likely to be confirmed by the Senate, for many reasons. Principle among these are that she is not Peter Keisler, and that she has advocated imposing liability upon gun manufacturers for acts committed with guns. The first has earned her the opposition of many Senate Republicans. The second has earned her the opposition of 2nd Amendment enthusiasts, which includes both Republicans and Democrats from many western and rural states.

From the perspective of some Senate Republicans, such as Sen. Charles Grassley (R-IA), ranking Republican on the Senate Judiciary Committee (SJC), Obama has nominated Halligan for the seat that former President Bush nominated Keisler in 2006. Senate Democrats blocked consideration of Keisler for two and one half years, keeping the seat open, to be filled by a Democratic President. In 2006 Keisler was the Assistant Attorney General in charge of the Department of Justice's (DOJ) Civil Division. He is now a partner in the Washington DC office of the law firm of Sidley Austin.

The Senate effectively stopped confirming Court of Appeals judges until after the elections, when it recessed in August. See, story titled "Confirmations and Presidential Elections" in TLJ Daily E-Mail Alert No. 2,417, August 1, 2012. However, if President Obama wins in November, and renominates Halligan in the 113th Congress, she would likely face ongoing opposition.

See also, Halligan's responses [54 pages in PDF] to the SJC's questionnaire.

9/22. The Senate adjourned early on September 22, 2012, until mid-November, without confirming four persons who have been nominated for the Court of Appeals, and approved by the Senate Judiciary Committee (SJC). The four are:

• Patty Schwartz (3rd Circuit)
• Richard Taranto (Federal Circuit)
• William Kayatta (1st Circuit)
• Robert Bacharach (10th Circuit)

Taranto's nomination is particularly significant for the development of technology related areas of law. He has been nominated for the Court of Appeals that has jurisdiction over appeals in patent cases. He represented Grokster before the Supreme Court in MGM v. Grokster. He also represented Rambus in some of the many proceedings relating to its participation in the JEDEC standards setting process and later assertion of patent rights. See, story titled "Obama Nominates Taranto for Federal Circuit" in TLJ Daily E-Mail Alert No. 2,312, November 17, 2011.

There are also three persons who have been nominated by the President, but not approved or rejected by the SJC:

• Caitlin Halligan (DC Circuit)
• Srikanth Srinivasan (DC Circuit)
• Jill Pryor (11th Circuit)

The Senate stopped confirming Court of Appeals nominees in August, as is customary in Presidential election years. See, story titled "Confirmations and Presidential Elections" in TLJ Daily E-Mail Alert No. 2,417, August 1, 2012.

9/22. The Senate adjourned early on September 22, 2012, until mid-November, without confirming 15 persons who have been nominated for the U.S. District Court, and approved by the Senate Judiciary Committee (SJC). The 15 are:

• Michael Shea (District of Connecticut)
• Paul Grimm (District of Maryland)
• Mark Walker (ND Florida)
• John Dowell (ND Oklahoma)
• Brian Davis (MD Florida)
• Terrence Berg (ED Michigan)
• Jesus Bernal (CD California)
• Lorna Schofield (SD New York)
• Frank Garacci (WD New York)
• Fernando Olguin (CD California)
• Matthew Brann (MD Pennsyslvania)
• Malachy Manion (MD Pennsylvania)
• Thomas Durkin (ND Illinois)
• William Orrick (ND California)
• Jon Tigar (ND California)

Sen. Patrick Leahy (D-VT) gave a speech in the Senate on September 20 in which he bemoaned delays in their confirmations, and Republican obstructionism.

He said that "Senate Republicans have raised the level of partisanship so that these Federal trial court nominees have now become wrapped around the axle of partisanship. Despite a vacancy crisis that threatens the ability of Federal courts to provide justice for the American people, Senate Republicans now refuse to allow a vote on any of the 17 pending district court nominees". (The Senate confirmed two of these 17 on September 21.)

Sen. Leahy continued that "The partisan refusal to allow votes on consensus nominees has become standard operating procedure for Senate Republicans. In each of the last two years, Senate Republicans refused to follow the Senate’s traditional practice of clearing the calendar of noncontroversial nominees." And, he repeatedly referred to these as "consensus" nominees.

Actually, six of these 15 are consensus nominees. 9 of these 15 are not consensus nominees.

The Constitution provides that the President appoints judges. However, the longstanding practice is that the Senators from the President's party pick the District Court nominees for their states. Senators from the other party sometimes also join in supporting these nominees.

Sen. James Inhofe (R-OK) and Sen. Tom Coburn (R-OK) both support Dowdell. Sen. Mark Kirk (R-IL) supports Durkin. Sen. Marco Rubio (R-FL) supports both Davis and Walker. And, Sen. Patrick Toomey (R-PA) supports both Manion and Brann. However, the other nine have been nominated for seats in states in which both Senators are Democrats, and hence, there is no Republican Senator to provide consensus.

Sen. Leahy argued also, as he does in these periodic speeches, that there is a "vacancy crisis" and that the pending nominees are highly qualified. Both arguments suffered a blow on September 12, when Judge Katherine Forrest, whom the Senate confirmed last November, found time to write a 112 page opinion explaining her decision to hold unconstitutional, and permanently enjoin enforcement of, a Congressional statute authorizing the indefinite detention of terrorists. Her decision regarding the plaintiffs' standing to sue, and her decision on the merits, gave Senate Republicans material for alleging left wing judicial activism by Obama judicial nominees.

The plaintiffs include perennial leftist Noam Chomsky, Christian Hedges (author of the book titled "American Facists: The Religious Right and the War on America), and a web site dedicated to supporting the Occupy Wall Street movement. This case is Hedges v. Obama, U.S. District Court for the Southern District of New York, D.C. No. Case 1:12-cv-00331-KBF.

If Mitt Romney were elected President in November, then in the 113th Congress Sen. Leahy and Sen. Charles Grassley (R-IA) would reverse positions. Sen. Leahy would revert to obstructing Republican nominees, and Sen. Grassley would revert to bemoaning Democratic obstructionism.

9/21. The Senate confirmed Gonzalo Curiel to be a Judge of the U.S. District Court for the Southern District of California by voice vote

9/21. The Senate confirmed Robert Shelby to be a Judge of the U.S. District Court for the District of Utah by voice vote.

9/20. President Obama nominated Ketanji Jackson to be a Judge of the U.S. District Court for the District of Columbia. See, White House news office release and release. She is Vice Chair and Commissioner of the U.S. Sentencing Commission. She previously worked for the law firm of Morrison & Foerster.

9/20. President Obama nominated Nelson Román to be a Judge of the U.S. District Court for the Southern District of New York. See, White House news office release and release. He has been a judge since 1998. He is currently an Associate Justice of the First Appellate Division of the New York State Supreme Court. Before that, he was a Justice of the New York Supreme Court in Bronx County. Before that, he was a judge on the New York City Civil Court.

9/19. President Obama nominated Jennifer Dorsey to be a Judge of the U.S. District Court for the District of Nevada. See, White House news office release.

9/19. President Obama nominated Andrew Gordon to be a Judge of the U.S. District Court for the District of Nevada. See, White House news office release.

9/19. President Obama nominated Michael McShane to be a Judge of the U.S. District Court for the District of Oregon. See, White House news office release.

9/22. The Senate adjourned early on September 22, 2012, until mid-November, without confirming two persons who have been nominated for key technology related positions, both of whom have been approved by the Senate Judiciary Committee (SJC).

The two are William Baer, who has been nominated to be Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, and David Medine, who has been nominated to the Privacy and Civil Liberties Oversight Board.

There are also positions for which the President has nominated someone who has not yet been approved by the committee with jurisdiction, and positions for which the President has nominated no one.

For example, there is no confirmed Associate Attorney General. Although, President Obama nominated Tony West on September 20. He has been the acting Associate AG since March.

Also, there is only an acting Secretary of Commerce. Rebecca Blank has been acting Secretary since former Secretary John Bryson resigned in June. President Obama has nominated no one for the position.

9/21. Fritz Attaway retired. He worked for the Motion Picture Association of America (MPAA) for 36 years. See, MPAA release.

9/21. President Obama announced his intent to nominate Alan Estevez to be Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics. See, White House news office release.

9/20. The Department of Homeland Security's (DHS) Privacy Office released a report [90 pages in PDF] titled "2012 Annual Report to Congress".

9/20. The Information Technology and Innovation Foundation (ITIF) released a report titled "Eroding Our Foundation: Sequestration, R&D, Innovation and U.S. Economic Growth". The authors are the ITIF's Justin Hicks and Robert Atkinson. This report states that "Because of the Budget Control Act, budget enforcement procedures known as sequestration will commence January 2013 unless Congress and the Obama Administration act otherwise. The sequester requires cuts in discretionary spending in order to achieve $1.2 trillion in savings from 2013-2021. When compared to 2011 spending levels, this will lead to a cut of 8.8 percent (or $12.5 billion) of federally funded research and development (R&D) in 2013 with similar cuts in the following years." (Parentheses in original. Footnote omitted.) This paper argues that the result will be lower GDP and fewer jobs.

9/14. The International Intellectual Property Alliance (IIPA) filed comments [8 pages in PDF] with the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its special 301 out of cycle review of notorious markets.

The House will not meet. It is in recess, except for pro forma sessions, until after the November elections.

The Senate will not meet. It is in recess, except for pro forma sessions, until November 13, 2012.

The Supreme Court will hold its opening conference for the October Term 2012.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing regarding Canada's participation in the negotiation of a Trans Pacific Partnership (TPP) trade agreement. The OUSTR seeks comments on numerous issues, including "electronic commerce issues" and "trade-related intellectual property rights issues". The deadline to submit written requests to present oral testimony is September 4. The deadline to submit written comments is 12:00 NOON on September 4. See, notice in the Federal Register Vol. 77, No. 141, July 23, 2012, at Pages 43131-43133. Location: OUSTR, Rooms 1, and 2, 1724 F St., NW.

12:00 NOON. The American Bar Association (ABA) will host a webcast panel discussion titled "Making the Most of Your IPad/Tablet -- Tools and Tips for Bar Staff". The speaker will be Tom Mighell. Prices vary. No CLE credits. See, notice.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its annual report to the Congress on the People's Republic of China's (PRC) compliance with its World Trade Organization (WTO) obligations. See, notice in the Federal Register, Vol. 77, No. 161, August 20, 2012, at Pages 50206-50207. See also, story titled "OUSTR to Receive Comments and Hold Hearing on PRC Compliance with WTO Obligations" in TLJ Daily E-Mail Alert No. 2,431, August 17, 2012.

1:00 - 4:00 The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, Vol. 77, No. 168, August 29, 2012, at Pages 52332-52333. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:00 - 4:00 PM. The Department of Commerce's (DOC) National Oceanic and Atmospheric Administration's (NOAA) Advisory Committee on Commercial Remote Sensing (ACCRES) will meet. See, notice in the Federal Register, Vol. 77, No. 181, September 18, 2012, at Pages 57558-57559. Location: NOAA, auditorium, 1301 East West Highway, Silver Spring, MD.

10:00 AM - 12:00 NOON. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Recommendations from the mHealth Task Force". The speakers will include Julius Genachowski (FCC Chairman), Robert Jarrin (Qualcomm), Julian Goldman (Partners Healthcare System), Douglas Trauner (TheCarrot.com), and Robert Atkinson (ITIF). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

The House will meet at 10:00 AM.

Yom Kippur begins at sundown.

9:00 AM - 12:30 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) First Responder Network Authority Board will meet. See, notice in the Federal Register, Vol. 77, No. 178, September 13, 2012, at Pages 56622-56623. Location: DOC, Secretary's Conference Room, 14th and Constitution Ave., NW.

12:00 NOON - 1:00 PM. The Heritage Foundation will host an event titled "Supreme Court Preview: 2012 Term". The speakers will be Paul Clement (Bancroft) and Thomas Goldstein (Goldstein & Russell), and Todd Gaziano (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

2:00 - 4:15 PM. The DC Bar Association will host a panel discussion titled "The Ethics of Outsourcing E-Discovery". The speakers will be Conrad Jacoby (efficientEDD), Thomas Mason (Zuckerman Spaeder), and Ashish Prasad (Discovery Services). The price to attend ranges from $89 to $129.  CLE credits. See, notice. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division's (AD) Economic Analysis Group (EAG) will host a presentation titled "Promotional Reviews: An Empirical Investigation of Online Review Manipulation". The speaker will be Judy Chevalier (Yale School of Management and NBER). See, paper with the same title by Chevalier, Yaniv Dover (Dartmouth) and Dina Mayzlin (USC). For more information, contact Gloria Sheu at gloria dot sheu at usdoj dot gov or 202-532-4932 or Nathan Miller at nathan dot miller at usdoj dot gov or 202-307-3773. Location: Liberty Square Building, EAG conference room, LSB 9429, 450 5th St., NW.

4:00 - 5:30 PM. The George Mason University School of Law's Information Economy Project will host a lecture by Bronwyn Howell titled "Regulating Broadband Networks". Free. See, notice. Location: GMU law school, Founder's Hall, Room 111, 3301 Fairfax Drive, Arlington, VA.

EXTENDED TO OCTOBER 25. Deadline to submit initial comments to the Copyright Office (CO) regarding proposed changes to CO regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under the compulsory license. See, original notice in the Federal Register (FR), Vol. 77, No. 145, Friday, July 27, 2012, at Pages 44179-44197, and extension notice in the FR, Vol. 77, No. 176, September 11, 2012, at Pages 55783-55784.

12:00 NOON. The World Wide Web Consortium's (W3C) Tracking Protection Working Group will meet by teleconference. The call in number is 1-617-761-6200. The passcode is TRACK (87225).

12:30 - 1:30 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast panel discussion titled "USPTO Statistics Initiative". The speakers will be Manny Schecter (IBM), Bradley Forrest (Schwegman Lundberg & Woessner), David Wiley (USPTO). CLE credits. Prices vary. See, notice.

12:30 - 2:00 PM. The American Bar Association (ABA) will host an on site and teleconferenced panel discussion titled "Recent US Free Trade Agreements: Where We Are and Where We Are Going". The speakers will be Claudia Candela (Director of Trade, Colombia Trade Bureau), Everett Eisensstat (Trade Counsel, Senate Finance Committee), Elif Eroglu (US Customs and Border Protection), and Felicia Nowels (Akerman Senterfitt). No CLE credits. Prices vary. See, notice. Location: Akerman Senterfitt, Suite 750, 750 9th St., NW.

EXTENDED TO OCTOBER 19. Deadline to submit comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding creating a small copyright claims process. See, extension notice in the Federal Register, Vol. 77, No. 179, September 14, 2012, at Pages 56874-56875.

The Federal Communications Commission's (FCC) Auction 901 is scheduled to begin. This will auction high cost universal service subsidies through reverse competitive bidding. It is also titled "Mobility Fund Phase I Auction". See, Public Notice (PN) [21 pages in PDF] released on February 2, 2012. It is DA 12-121 in AU Docket No. 12-25. See also, notice in the Federal Register (FR), Vol. 77, No. 28, February 10, 2012, at Pages 7152-7162, notice in the FR, Vol. 77, No. 46, March 8, 2012, at Pages 14012-14014, and notice in the FR, Vol. 77, No. 105, May 31, 2012, at Pages 32092-32111. See also, September 14 Public Notice (DA 12-1456), and notice in the FR, Vol. 77, No. 180, September 17, 2012, at Pages 57085-57086.

12:00 NOON - 1:15 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Effects of Patent Assertion Entities on Competition and Innovation". The speakers will be Andrea Murino (Wilson Sonsini), Robert Harris (Charles River Associates), Margaret Ward (Jones Day), and Jeffrey Wilder (DOJ Antitrust Division). Free. No CLE credits. See, notice. Location: Wilson Sonsini, 5th floor, 1700 K St., NW.

12:00 NOON - 2:30 PM. The Federalist Society will host a panel discussion titled "Supreme Court Preview: What Is in Store for October Term 2012?". The speakers will be Tom Goldstein (Goldstein & Russell), Nicholas Rosenkranz (Georgetown University Law Center), Carrie Severino (Judicial Crisis Network), Stuart Taylor (National Journal), Kenneth Wainstein (Cadwalader Wickersham & Taft), and Pete Williams (NBC News). See, notice and registration page. Location: National Press Club, 529 14th St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Counsel or iCounsel: Ethical and Practical Issues in Using Artificial Intelligence in E-Discovery". The speakers will be John Barkett (Shook Hardy & Bacon), Julia Brickell (H5), Jeffrey Fowler (O’Melveny & Myers), Dera Nevin (McCarthy Tétrault), and Kris Vann (H5). Prices vary. CLE credits. See, notice.

5:00 PM. The University of Maryland's (UM) Cyber Security Center will host a presentation titled "The State of the Hack" by Kevin Mandia (CEO of Mandiant). This event is free, and open to the public, but registration is required. See, notice. Location: UM, Kim Engineering Building Lecture Hall, Room 1110, MD.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "An Evening with a Hacker". Prices vary. CLE credits. See, notice. The deadline for registrations and cancellations is 12:00 NOON on September 26, 2012. Location: Bingham & McCutcheon, 2020 K St., NW.

10:30 AM - 12:00 NOON. The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". See, FCC tentative agenda and story titled "FCC Releases Tentative Agenda for September 28 Meeting" in TLJ Daily E-Mail Alert No. 2,443, September 7, 2012. Location: FCC, Commission Meeting Room (Room TW-C305), 445 12th St., NW.

12:00 NOON - 2:00 PM. The Tech Freedom (TF) will host a panel discussion titled "Should the FTC Sue Google Over Search?" The speakers will be Eric Clemons (University of Pennsylvania business school), Allen Grunes (Brownstein Hyatt), Glenn Manishin (Troutman Sanders) and Geoffrey Manne (Lewis & Clark law school). The TF will webcast this event. See, notice and registration page. Location: Monocle Restaurant, 107 D St., NE.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "Fair Play: The State of Competition in the Business Broadband Marketplace". The speakers will be Michael Copps, Chip Pickering (Broadband Coalition), Gene Kimmelman (Global Partners), Todd Thibodeaux (CompTIA), Joseph Gillan (Gillan Associates), and Michael Calabrese (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee will host a brown bag lunch regarding the Aereo service, and the public performance rights and reproduction rights of broadcasters. See, complaint [36 pages in PDF] filed on March 1, 2012, in the U.S. District Court (SDNY) in WNET v. Aereo, D.C. No. 1:12-cv-01543-AJN. The District Court issued its opinion [PDF] on July 11 denying the plaintiffs' motion for a preliminary injunction, citing the U.S. Court of Appeals' (2ndCir) 2008 opinion in Cartoon Network v. CSC Holdings, 536 F.3d 121. See, story titled "2nd Circuit Reverses in Remote Storage DVR Copyright Case" in TLJ Daily E-Mail Alert No. 1,806, August 5, 2008. The speakers will be David Wittenstein (Dow Lohnes), Robert Garrett (Arnold & Porter), and Seth Davidson (Edwards Wildman). Location: Wilkinson Barker Knauer, Suite 700, 2300 N St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rule Making (FNPRM) [67 pages in PDF] regarding Medical Body Area Network (MBAN) coordinators for the 2360-2390 MHz band. The FCC adopted and released this item on May 24, 2012. It is 12-54 in ET Docket No. 08-59. See, notice in the Federal Register, Vol. 77, No. 143, Wednesday, July 25, 2012, at Pages 43567-43570.

Deadline to submit comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) in response to its July 31, 2012 Public Notice that requests comment on a proposed survey of urban rates for fixed voice and fixed broadband residential services. That DA 12-1199 in WC Docket No. 10-90. See, notice in the Federal Register, Vol. 77, No. 168, August 29, 2012, at Pages 52279-52292.

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) in advance of its October 4 meeting of its Commerce Spectrum Management Advisory Committee (CSMAC). See, notice in the Federal Register, Vol. 77, No. 158, August 15, 2012, at Pages 48968-48969. See also, story titled "Spectrum Management Advisory Committee to Meet" in TLJ Daily E-Mail Alert No. 2,431, August 17, 2012.

10:00 AM. The Federal Communications Commission's (FCC) WRC-15 Advisory Committee will meet. See, notice in the Federal Register, Vol. 77, No. 177, September 12, 2012, at Pages 56207-56208. Location: FCC, Commission Meeting Room (Room TW-C305), 445 12th St., SW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [59 pages in PDF] regarding the 4940-4990 MHz (4.9 GHz) public safety band. The FCC adopted and released this FNPRM on June 13, 2012. It is FCC 12-61 in WP Docket No. 07-100, PS Docket No. 06-229, WT Docket No. 06-150. See, notice in the Federal Register, Vol. 77, No. 148, Wednesday, August 1, 2012, Pages 45558-45571. See also, August 3 Public Notice (DA 12-1268).

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) in response to its Fourth Further Notice of Proposed Rulemaking regarding establishing and implementing a reconfigured 800 MHz channel plan along the U.S. Mexico border. The PSHSB released its Public Notice [31 pages in PDF] on August 17, 2012. It is DA 12-1343 in WT Docket No. 02-55. See also, August 31 Public Notice, and notice in the Federal Register, Vol. 77, No. 169, August 30, 2012, at Pages 52633-52636.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Media Bureau (MB) regarding TiVo's petition [15 pages in PDF] for waiver and clarification of the FCC's rules regarding set top boxes, codified at 47 C.F.R. § 76.640(b)(4)(iii). See, notice in the Federal Register, Vol. 77, No. 173, September 6, 2012, at Pages 54910-54911.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding the second draft of Federal Information Processing Standard 140-3, Security Requirements for Cryptographic Modules. See, notice in the Federal Register, Vol. 77, No. 169, August 30, 2012, at Pages 52692-52693.

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