10/4. The National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register that requests comments regarding the creation of the interoperable public safety broadband network by the First Responder Network Authority, or FirstNet, as required by the spectrum bill enacted in February.

Comments are due by 5:00 PM on November 1, 2012. See, FR, Vol. 77, No. 193, October 4, 2012, at Pages 60680-6068. The NTIA also published a draft of this notice of inquiry (NOI) in its web site on October 1.

The Congress enacted HR 3630 [LOC | WW], the "Middle Class Tax Relief and Job Creation Act" in February. This bill, among other things, gives the FCC authority to conduct incentive auctions. It provides for use of some of the auction proceeds to build a public safety network. It also provided for the creation of the FirstNet at the NTIA.

See also, stories titled "House and Senate Negotiators Reach Agreement on Spectrum Legislation", "Summary of Spectrum Bill", and "Reaction to Spectrum Bill" in TLJ Daily E-Mail Alert No. 2,339, February 17, 2012, story titled "House and Senate Pass Spectrum Bill" in TLJ Daily E-Mail Alert No. 2,340, February 18, 2012, and story titled "Obama Signs Spectrum Bill into Law" in TLJ Daily E-Mail Alert No. 2,345, February 23, 2012.

This notice asks for comments regarding "network design and business plan considerations".

It asks for comments regarding the network architecture presentation made at the FirstNet Board of Directors' meeting on September 25, 2012, as well as other options. See, September 25 presentation slides [23 pages in PDF] titled "First Responders Network Authority Presentation to the Board FirstNet Nationwide Network (FNN) Proposal".

The NTIA notice asks for comments on "how it can deploy a reliable, ubiquitous, redundant, and interoperable broadband network for public safety users."

The NTIA requests "proposals that address the following criteria: 1. Meets public safety's requirements for priority, quality of service, and preemption features;  2. Uses, to the extent possible, existing radio access network and core network infrastructure installed by commercial mobile operators in order to maximize the coverage and performance delivered to public safety while minimizing the capital expenditures; 3. Reaches operational capability as quickly as possible; and 4. Enables voice services (cellular telephony and push-to-talk (PTT)) both within the FirstNet network as well as to/from other commercial networks, including the public switched telephone network (PSTN)." (Parentheses in original.)

The FirstNet also adopted a resolution [14 pages in PDF] containing the FirstNet's bylaws, and other resolutions, at its September 25 meeting.

10/2. Rep. Michael McCaul (R-TX), Rep. Doris Matsui (D-CA), and 43 other members of the House of Representatives sent a letter to the Ron Kirk, head of the Office of the U.S. Trade Representative (OUSTR), regarding protectionist policies of India directed at information and communications technology (ICT) companies outside of India.

They asked the OUSTR to "take urgent action on the recent Preferential Market Access (PMA) Policy issued by the Government of India. The potential detrimental impact of this policy on U.S. high-tech exports to India warrant USTR's consideration of all available tools to ensure U.S. technology companies are able to compete fairly in this critical market."

Rep. McCaul and Rep. Matsui (at right) are the co-chairmen of the Congressional High Tech Caucus, a bipartisan group.

The letter elaborates that "the PMA is designed to boost domestic manufacturing of information and communications technology (ICT) hardware through discriminatory, local content requirements, and more specifically, is aimed at forcing foreign ICT companies to establish manufacturing in India. Furthermore, it seems clear this policy will be applied not only to public procurements but also to procurements by private-sector entities."

They quoted from guidelines issued by the Indian government in September: "It shall be mandatory for all organizations, public or private, procuring electronic products notified under this clause to provide preference to domestically manufactured electronic products in terms of this policy."

They concluded that the US should not allow "countries to violate fundamental international trade obligations", and urged the OUSTR to use "all tools at your disposal to remedy this situation".

However, they did not specifically request that the OUSTR file a complaint with the World Trade Organization (WTO).

Also, on June 11, Rep. McCaul, Rep. Matsui, and 19 other Representatives sent a letter to Indian Ambassador Nirupama regarding the PMA Policy.

In April, a large number of ICT trade groups based in the US, Japan, Taiwan, Korea, Hong Kong, Canada, Australia and Europe sent a letter to Indian Prime Minister Manmohan Singh to "to express our serious concerns with new" PMA rules.

The ICT groups wrote that "If the PMA applies to private entities, this would represent an unprecedented interference in the procurements of commercial entities and would be inconsistent with India's WTO obligations. We urge the Government of India to rescind this PMA entirely and initiate a consultation process with the private sector and other stakeholders to more effectively address India’s security and economic concerns."

The PMA Policy will harm ICT companies outside of India. Hence, most of the major ICT groups from around the world have joined in criticizing it. However, this letter focuses on arguments regarding how the PMA Policy with harm the Indian ICT sector and the Indian economy. This letter states that the PMA Policy will "unnecessarily restrict competition at home which could also spark reciprocation by other countries".

The parties to the April letter, in alphabetical order, are as follows: AMCHAM India, Australian Services Roundtable, Australian Services Roundtable, Business Software Alliance, Business Europe, Canada-India Business Council, Canadian Services Coalition, Consumer Electronics Association, Communications and Information Network Association of Japan, Computing Technology Industry Association, Coalition of Service Industries, Digital Europe, European-American Business Council, Emergency Committee for American Trade, European Services Forum, Federation of Korean Information Industries, Global VSAT Forum, Hong Kong Coalition of Service Industries, Information Technology Association of Canada, Information Technology Industry Council, Korea Information Technology Service Industry Association, Korea Software Enterprise Association, Japan Business Machine and Information System Industries Association, Japan Electronics and Information Technology Industries Association, Japan Information Technology Service Industry Association, Korean Software Industry Association, National Foreign Trade Council, Semiconductor Equipment and Materials International, Semiconductor Industry Association, Software and Information Industry Association, Taipei Computer Association, TechAmerica, Telecommunications Industry Association, U.S. Chamber of Commerce, United States Council for International Business, and U.S.-India Business Council.

9/28. The Office of the U.S. Trade Representative (OUSTR) published a notice in the Federal Register (FR) that requests comments regarding "how to promote greater transatlantic regulatory compatibility". See, FR, Vol. 77, No. 189, September 28, 2012, at Pages 59702-59703.

See also, joint letter of the European Commission (EC) and the OUSTR.

The deadline to submit comments to the OUSTR or EC is October 31, 2012.

This is the second request for comments by both the US and EC. See, notice in the Federal Register, Vol. 77, No. 7 January 11, 2012, at Pages 1778-1779. The comment deadline was February 3, 2012.

US tech companies and groups did not submit many comments. However, the Competitive Enterprise Institute (CEI) submitted comments condemning the availability of government antitrust processes as a competitive weapon, which occurs in various tech sectors. The National Electrical Manufacturers Association (NEMA) submitted comments regarding obtaining greater market access for US electronics makers. And, the Coalition of Service Industries (CSI) submitted comments addressing international data flows, privacy, and the EU data protection directive.

The present OUSTR notice states that US and EC "share the goal of reducing excessive regulatory costs, unjustified regulatory differences, and unnecessary red tape while respecting each other's right to protect public health, safety, welfare, and the environment. Promoting this goal will help businesses to grow, create jobs, and compete globally."

The OUSTR notice does not disclose that governmental entities of the US, EC and other nations sometimes pursue protectionist policies, which they then attempt to pass off as public health, safety, welfare, and the environment protection policies.

The OUSTR notice states that "the U.S. Government and EC invite your views on how to promote greater transatlantic regulatory compatibility generally. We also invite you to share your concrete ideas on how greater
compatibility could be achieved in a particular economic sector by providing detailed information for that sector".

For industry sector comments, the OUSTR seeks the names of the relevant regulatory agencies in the US and EU, citations to the relevant statutes and regulations, descriptions of the differences, "possible solutions for bridging these differences", any steps that the US and/or EU "should consider to address horizontal and/or sectoral differences between the two jurisdictions that may be impeding deeper regulatory compatibility in the sector", and an "assessment of the effects of enhanced regulatory compatibility (quantified benefits and costs, if possible, or else qualitative descriptions), the likelihood of these effects occurring, and the time period over which they would occur." (Parentheses in original.)

10/1. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register (FR) that announces and describes its pilot patent examination acceleration program for law school clinics.

Under this program "a law school clinic participating in the USPTO Law School Clinic Certification Pilot Program may file an application for a pro bono client of the law school clinic and that applicant's application may be advanced out of turn".

Each law school participating in the patent pilot program is allowed only two applications to be examined out of turn per semester. And, the entire program is limited to 64 per year.

Ordinarily, and subject to certain exceptions, patents are examined in the order in which they are filed. By taking law school clinic applications out of order, students will be more likely to obtain practical experience since "they will be more likely to receive substantive examination of applications within the school year that the application is filed".

See, FR, Vol. 77, No. 190, Monday, October 1, 2012, Pages 59911-59913.

10/3. Attorney General Eric Holder, Deputy Attorney General James Cole, and U.S. Attorney for Maryland Rod Rosenstein spoke at an event at Towson University, in Maryland, at which they announced the award of $2.4 Million in grants to 13 state and local jurisdictions to assist with the enforcement of criminal laws related to intellectual property theft.

$2.4 Million is not much. Moreover, it is spread across numerous agencies. Nevertheless, AG Holder (at right) stated in his speech that these grants "will help to achieve our common goals: to advance prosecutions -- as well as prevention and education activities -- related to IP theft."

He continued that "These resources will be used to fund new police department positions specifically tasked with investigating IP crime; to create Spanish-speaking radio messages about the dangers of IP theft; to purchase cutting-edge surveillance, evidence collection, and storage equipment; to develop and implement more law enforcement and prosecutor training programs; and to improve coordination, information sharing, and data collection."

He also described the Department of Justice's (DOJ) operations. He said that "we now have 40 prosecutors and four computer forensics experts serving in the Computer Crime and Intellectual Property Section; 25 Computer Hacking and Intellectual Property -- or, ``CHIP´´ units --- in our U.S. Attorney’s offices; more than 260 specially-trained CHIP prosecutors; more than 50 FBI IP Special Agents; a robust international IP program; and strong partnerships with a broad range of IP rights holders."

Cole said in his speech that "Rather than take the time to develop their own ideas, all too often competitors try to steal proprietary designs, systems, processes, and formulas from American manufacturers who invest years of hard work and millions of dollars in the research and development necessary to create smarter cars, better computer technologies and more sophisticated military equipment. Ironically, new technology itself has made it easier than ever to steal our intellectual property. Just one thumb drive can capture years of work and millions of dollars in research, and enable instant transmission to a foreign competitor."

10/4. The Council of the European Union adopted the European Commission's (EC) Directive on Orphan Works [15 pages in PDF]. EC Internal Market and Services Commissioner Michel Barnier stated in a release that "It will enable easy online access for all citizens to our cultural heritage." On the other hand, this Directive will reduce creators' ability to enforce their copyrights. It will particularly harm individuals and small businesses and creators of certain visual works, and decrease incentives to create.

10/3. The U.S. Patent and Trademark Office (USPTO) announced in a release that it launched s Patent Prosecution Highway (PPH) program with the patent office of the Czech Republic on October 1, and that it will launch PPH programs with the patent offices of the Philippines and Portugal in January of 2013.

10/3. The Copyright Office (CO) again extended the deadline to submit reply comments in response to its notice in the Federal Register (FR) that announces, describes, recites and requests comments on its proposed rules regarding the verification of Statements of Account and royalty payments that are deposited with the CO by cable operators and satellite carriers. See, original notice in the FR, Vol. 77, No. 115, June 14, 2012, at Pages 35643-35652, first extension notice in the FR, Vol. 77, No. 176, September 11, 2012, at Page 55783, and second extension notice in the FR, Vol. 77, No. 192, October 3, 2012, at Pages 60333-60334. The new deadline is 5:00 PM on October 24, 2012.

9/28. The U.S. Patent and Trademark Office (USPTO) and European Patent Office (EPO) released, as part of their joint Cooperative Patent Classification (CPC) effort, the CPC scheme and CPC definitions. See also, USPTO release and EPO release. EPO President Benoît Battistelli stated that "In less than two years, we have finalized and published a joint scheme incorporating the best classification practices of both offices, which will align our patent procedures more closely and deliver major efficiency gains. In the process, the CPC will be a stepping stone towards a more general harmonization of the world's patent systems."

9/20. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition, and the Internet held a hearing titled "International IP Enforcement: Opening Markets Abroad and Protecting Innovation". Victoria Espinel (U.S. Intellectual Property Enforcement Coordinator) was the witness. See, her prepared testimony. She addressed the drafting of the next version of the "Joint Strategic Plan"; cooperation between US and foreign law enforcement agencies; US personnel in foreign countries; the Special 301 process, watch lists, and notorious markets reports; the negotiation of the Trans Pacific Partnership Agreement (TPPA); the use of U.S. personnel stationed overseas; US efforts to obtain better IP enforcement in the People's Republic of China; and the "threat posed to U.S. innovation from economic espionage and trade secret theft by persons on behalf of Chinese companies".

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.

Day two of a three day conference titled "8th Annual IT Security Automation Conference". See, conference web site and agenda. Location: Baltimore Convention Center, 1 West Pratt Street, Baltimore, MD.

8:30 AM - 4:00 PM. The U.S. Chamber of Commerce will host an event titled "U.S. Chamber of Commerce Cybersecurity Summit". The speakers will include Rep. Mike Rogers (R-MI), sponsor of HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act of 2011" or "CISPA". See, notice. Location: 1615 H St., NW.

10:00 AM - 1:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee (CSMAC) will meet. See, notice in the Federal Register, Vol. 77, No. 158, August 15, 2012, at Pages 48968-48969. See also, story titled "Commerce Spectrum Management Advisory Committee to Meet" in TLJ Daily E-Mail Alert No. 2,431, August 17, 2012. Location: DOC, Room 4830, 1401 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Comint Systems Corporation and EyeIT.com, Inc. v. USA , App. Ct. No. 2012-5039. This is an appeal from the U.S. Court of Federal Claims. Panel D. This is the second of four cases on the agenda. Location: Courtroom 201, National Courts Building, 717 Madison Place, NW.

5:00 PM. Extended deadline to submit reply comments to the Copyright Office (CO) in response to its notice in the Federal Register (FR) in which it proposes rules changes regarding the definition of a claimant for purposes of copyright registration. The CO proposes to eliminate the footnote to the definition of a claimant codified at 37 CFR § 202.3(a)(3)(ii), which provides that a claimant includes individuals or entities that have obtained the contractual right to claim legal title to copyright in an application for copyright registration. See, original notice, FR, Vol. 77, No. 96, Thursday, May 17, 2012, at Pages 29257-29259, and extension notice, FR, Vol. 77, No. 171, September 4, 2012, at Page 53829. See also, story titled "Copyright Office Proposes to Change Definition of Claimant" in TLJ Daily E-Mail Alert No. 2,386, May 30, 2012.

The House will meet at 10:00 AM in pro forma session.

The Senate will meet at 1:00 PM in pro forma session.

The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its September 2012 unemployment data.

Day three of a three day conference titled "8th Annual IT Security Automation Conference". See, conference web site and agenda. Location: Baltimore Convention Center, 1 West Pratt Street, Baltimore, MD.

8:30 - 10:00 AM. The New America Foundation (NAF) will host a book presentation. Robert Atkinson (head of the Information Technology and Innovation Foundation) will discuss his just published book [Amazon] titled "Innovation Economics: The Race for Global Advantage". See, ITIF notice. Location: NAF, Suite 400, 1899 L St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ritz Camera & Image v. SanDisk, App. Ct. No. 2012-1183. This is an appeal from the U.S. District Court (NDCal), D.C. No. 10-CV-2787. At issue is whether direct purchasers have standing under the antitrust laws to recover damages for overcharges resulting from a monopoly obtained or maintained through the enforcement of patents procured by fraud. See, District Court opinion at 772 F. Supp. 2d 1100 (2011). See also, FTC/DOJ amicus curiae brief. And see, story titled "FTC/DOJ File Amicus Brief on Antitrust Standing of Direct Purchasers Who Allege Fraud Upon USPTO" in TLJ Daily E-Mail Alert No. 2,386, May 30, 2012. Panel E. This is the fourth case on the agenda. Location: Courtroom 201, National Courts Building, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a class titled "iPad for Lawyers". The speaker will be Tasha Coleman. Free. No CLE credits. See, notice. For more information, contact Daniel Mills at 202-626-1312. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in Federal Register (FR) requesting comments regarding its proposed changes to its rules of practice in patent cases to implement the changes to the conditions of patentability, to implement the first inventor to file system provisions of the Leahy Smith America Invents Act, and to eliminate the provisions pertaining to statutory invention registrations. See, FR, Vol. 77, No. 144, July 26, 2012, at Pages 43742-43759. See also, story titled "USPTO Announces First Inventor to File NPRM and Roundtable" in TLJ Daily E-Mail Alert No. 2,430, August 16, 2012.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in Federal Register (FR) requesting comments regarding its proposed changes to its examination guidelines to implement the first inventor to file system provisions of the Leahy Smith America Invents Act. See, FR, Vol. 77, No. 144, July 26, 2012, at Pages 43759-43773.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-40 Rev. 3 [26 pages in PDF] titled "Guide to Enterprise Patch Management Technologies".

Day one of a four day event hosted by George Mason University School of Law and the American Bar Association's (ABA) Section of Antitrust titled "Antitrust Law and Economics Institute for Judges". See, notice and agenda. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

Columbus Day. This is a federal holiday. See, OPM list of 2012 federal holidays.

Day two of a four day event hosted by George Mason University School of Law and the American Bar Association's (ABA) Section of Antitrust titled "Antitrust Law and Economics Institute for Judges". See, notice and agenda. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

Deadline for the Federal Communications Commission (FCC) to submit its biennial report to Congress on the "Twenty-First Century Communications and Video Accessibility Act of 2010", which is also known as the CVAA.

The Senate will meet at 11:00 AM in pro forma session.

Day three of a four day event hosted by George Mason University School of Law and the American Bar Association's (ABA) Section of Antitrust titled "Antitrust Law and Economics Institute for Judges". See, notice and agenda. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Privacy and Information Security Update". The speakers will be Alysa Hutnik, Christopher Loeffler, Sharon Schiavetti and Kristin McPartland (all of Kelley Drye). Free. No CLE credits. See, notice.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division's (AD) Economic Analysis Group (EAG) will host a presentation titled "vGUPPI: Scoring Unilateral Pricing Incentives in Vertical Mergers". The speaker will be Steve Salop (Georgetown University Law Center). See, paper with the same title by Salop and Serge Moresi (Charles River Associates). 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.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the Government Accountability Office's (GAO) report [51 pages in PDF] titled "Federal Communications Commission: Regulatory Fee Process Needs To Be Updated", and released on September 10, 2012. See, notice in the Federal Register, Vol. 77, No. 193, October 4, 2012, at Pages 60666-60667.

Day four of a four day event hosted by George Mason University School of Law and the American Bar Association's (ABA) Section of Antitrust titled "Antitrust Law and Economics Institute for Judges". See, notice and agenda. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

9:30 AM - 4:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will hold one in a series of meetings regarding consumer data privacy in the context of mobile applications. See, notice in the Federal Register, Vol. 77, No. 149, Thursday, August 2, 2012, Pages 46067-46068. Location: Auditorium, DOC, Hoover Building, 14th Street and Constitution Ave., NW.

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).

12:15 - 1:30  PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch titled "Issues in the Negotiating and Drafting of Media Transaction Contracts". The speakers will be Howard Weiss (Fletcher Heald & Hildreth), Michael Basile (Dow Lohnes), Steve Lovelady (Fletcher Heald & Hildreth). Location: Drinker Biddle & Reath, Conference Room 11-C., 1500 K St., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Legislative and Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Justin Faulb at JFaulb at eckertseamans dot com or Marc Paul at Marc dot Paul at fcclaw dot com. Location: Johnny's Half Shell, 400 North Capitol St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry [29 pages in PDF] that requests information to assist it in preparing its next video competition report. This NOI is FCC 12-80 in MB Docket No. 12-203. See, story titled "FCC Releases Video Competition Report" in TLJ Daily E-Mail Alert No. 2,411, July 25, 2012. See also, notice in the Federal Register, Vol. 77, No. 153, August 8, 2012, at Pages 47383-47392.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-152 [26 pages in PDF] titled "A Profile for U. S. Federal Cryptographic Key Management Systems (CKMS)".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (DA 12-1411) regarding the auction of certain FM broadcast construction permits scheduled to commence on March 26, 2013, and the competitive bidding procedures for Auction 94. See, notice in the Federal Register, Vol. 77, No. 193, October 4, 2012, at Pages 60690-60695.

9:00 AM - 5:00 PM. The U.S. China Economic and Security Review Commission will meet to consider drafts of material for its 2012 annual report to Congress. See, original notice in the Federal Register (FR), Vol. 77, No. 143, July 25, 2012, at Pages 43662-43663, and second notice in the FR, Vol. 77, No. 171, September 4, 2012, at Pages 53965-53966. Location: Hall of the States, Conference Room 231, 444 North Capitol St., NW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a teleconferenced panel discussion titled "Social Media Series: Latest Developments in Cause Marketing". The speakers will be Kristalyn Loson (Venable), Edward Chansky (Greenberg Traurig), Chris Curry (Gage Marketing), and Lakshmi Ramani (Nature Conservancy). Free. No CLE credits. See, notice.

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