9/26. The Federal Trade Commission (FTC) released a notice [17 pages in PDF], to be published in the Federal Register (FR), that announces that it seeks information on patent assertion entities (PAEs) and "other entities asserting patents in the wireless communications sector, including manufacturers and other non-practicing entities and organizations engaged in licensing".

This notice states that the FTC plans to issue compulsory process orders to PAEs and other entities. These orders, which are in the nature of subpoenas, will seek information regarding patent acquisition, litigation, and licensing practices. The FTC will seek written responses, and production of documents.

Before issuing such orders, the FTC will submit a request for review by the Executive Office of the President's (EOP) Office of Management and Budget (OMB), as required by the Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501-3521.

This notice recites the questions to be asked of PAEs. It is eleven pages in single spacing. This notice underestimates the costs of compliance to the entities that will be required to respond.

Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that "This vote by the FTC is an encouraging sign that the Administration is committed to investigating the practices of patent trolls, and we commend them on this step. While previous studies have estimated that PAEs cost the economy $29 billion, the ability to dig deeper into the numbers will be useful."

GAO Report. The Congress's Government Accountability Office (GAO) recently completed a related report [61 pages in PDF], as required by the patent reform act enacted in 2011.

Section 34 of the "Leahy-Smith America Invents Act", or AIA, mandated this report. The AIA act was HR 1249 [LOC | WW] in the 112th Congress. The GAO released its report on August 22, 2013.

See also, story titled "GAO Reports on Patent Litigation Trends" in TLJ Daily E-Mail Alert No. 2,592, August 29, 2013.

That GAO report relied upon entities voluntarily providing information, and hence, the GAO was hampered by lack of information on many key issues.

The FTC's study will be more focused (to just the wireless communications sector), and more thorough and systematic. However, the critical difference is that it will be based upon compulsory process.

More Information. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) held a day long workshop on December 10, 2012, titled "Patent Assertion Entity Activities". See, DOJ web page for that event.

This FTC notice states that comments will be due within 60 days of publication of a notice in the FR. As of the October 2 issue of the FR, such notice had not yet been published.

This proceeding is FTC Project No. P131203.

10/1. The Supreme Court granted certiorari in Petrella v. MGM, a copyright case in which the issue before the Supreme Court is whether the defense of laches is available without restriction to bar all remedies for civil copyright claims filed within the three year statute of limitations prescribed by 17 U.S.C. § 507(b). See, October 1, 2013 Orders List [2 pages in PDF].

The Supreme Court stated in its document titled "Question Presented" that "The Copyright Act expressly prescribes a three-year statute of limitations for civil copyright claims. 17 U.S.C. § 507(b). The three-year period accrues separately for each act of infringement, even if it is one of a continuing series of acts of infringement."

It added that "The federal courts of appeals have divided 3-2-1 over whether the nonstatutory defense of laches can bar a civil copyright suit brought within the express three-year statute of limitations. Three circuits forbid any application of laches or restrict the remedies to which it can apply. Two other circuits strongly disfavor laches and restrict it to exceptional circumstances. The Ninth Circuit not only does not restrict laches or the remedies to which it can apply, but has also adopted a presumption in favor of applying laches to continuing copyright infringements."

Section 507(b) of the statute provides, in full, that "No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued."

Laches is an affirmative defense, arising in equity, that bars a claim based upon unreasonable delay.

Paula Petrella is the daughter of Frank Petrella, who collaborated Jake LaMotta to produce a book, a screenplay in 1963, and a second screenplay in 1973, about the retired boxer. The elder Petrella registered copyrights in these works. MGM made a movie in 1980, titled "Raging Bull",  based on these works.

In 1976 the elder Petrella and LaMotta assigned certain rights to Chartoff-Winkler Productions, Inc., which latter assigned rights to United Artists, a subsidiary of MGM.

Frank Petrella died, leaving his daughter Paula Petrella as heir.

She learned of the Supreme Court's 1990 opinion in Stewart v. Abend, 495 U.S. 207, in 1990. That case pertains to successors' renewal rights when the original author dies before a renewal period begins. She hired an attorney. However, she first asserted rights in the 1963 screenplay in 1998. She filed a complaint in the U.S. District Court (CDCal) against various MGM companies and others, alleging that the movie is an infringing derivative work. However, she did not file until 2009.

The District Court held that Petrella's copyright infringement claim is barred by the doctrine of laches. She appealed.

The U.S. Court of Appeals (9thCir) issued its opinion, which is also reported at 695 F.3d 946, on August 29, 2012. It affirmed the judgment of the District Court.

It wrote that the three elements of the doctrine of laches are that "the plaintiff delayed in initiating the lawsuit", that "the delay was unreasonable", and that "the delay resulted in prejudice".

The Court of Appeals, like the District Court, found that the plaintiff delayed a total of 19 years, that was unreasonable, and it resulted in prejudice to the movie company defendants.

This case is Petrella v. MGM, Supreme Court of the U.S., Sup. Ct. No. 12-1315, on petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit, App. Ct. Nos. 10-55834 and 10-55853. The Court of Appeals heard appeals from the U.S. District Court for the Central District of California, D.C. No. 2:09-cv-00072-GW-MAN.

Judge Raymond Fisher wrote the opinion of the Court of Appeals, in which Judge Jack Zouhary (USDC/NDOhio, sitting by designation) joined. Judge William Fletcher wrote a concurring opinion.

Petrella is represented before the Supreme Court by Stephanos Bibas of the University of Pennsylvania Law School Supreme Court Clinic. MGM is represented by Mark Perry of the Washington DC office of the law firm of Gibson Dunn & Crutcher.

See also, Supreme Court docket.

10/1. The Supreme Court granted certiorari in Octane Fitness v. ICON Health & Fitness, Sup. Ct. No. 12-1184, a patent infringement case in which the sole issue before the Supreme Court is the award of attorney fees. See, October 1, 2013 Orders List [2 pages in PDF].

The question presented is "Does the Federal Circuit's promulgation of a rigid and exclusive two-part test for determining whether a case is ``exceptional´´ under 35 U.S.C. § 285 improperly appropriate a district court's discretionary authority to award attorney fees to prevailing accused infringers in contravention of statutory intent and this Court's precedent, thereby raising the standard for accused infringers (but not patentees) to recoup fees and encouraging patent plaintiffs to bring spurious patent cases to cause competitive harm or coerce unwarranted settlements from defendants?". (Parentheses in original.)

35 U.S.C. § 285 provides in full that "The court in exceptional cases may award reasonable attorney fees to the prevailing party."

The U.S. Court of Appeals (FedCir) devoted few words to this issue. It wrote in its October 24, 2012 opinion that "Octane relies on ICON's allegedly unreasonable claim construction positions, its privilege assertions over its pre-suit investigation, and emails allegedly supporting bad faith litigation in an effort to "go after" Octane. In addition, Octane seeks to lower the standard for exceptionality to "objectively unreasonable" to rebalance what it alleges as the power of large companies over smaller companies in patent infringement litigation. However, we have reviewed the record and conclude that the court did not err in denying Octane's motion to find the case exceptional. We have no reason to revisit the settled standard for exceptionality."

When and why to award costs and attorneys fees in patent litigation is also at the center current debates in the Congress regarding reforming patent procedure to reduce meritless claims asserted by non-practicing entities, patent assertion entities, and/or patent trolls.

10/3. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register (FR) that announces that it will hold a meeting on October 30, 2013 to discuss its Internet Policy Task Force's (IPTF) paper [122 pages in PDF] titled "Copyright Policy, Creativity, and Innovation in the Digital Economy", released on July 31, 2013.

The meeting will be held from 8:30 AM to 5:00 PM in the Amphitheatre of the Ronald Reagan Building and International Trade Center.

Written comments are due by November 15, 2013. The deadline to submit comments that may be discussed at the meeting is October 15. See, FR, Vol. 78, No. 192, October 3, 2013, at Pages 61337-61341. See also, U.S. Patent and Trademark Office (USPTO) release.

10/3. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register (FR) that announces, describes, recites, and sets the effective date for, changes to the Patent and Trademark Office Acquisition Guidelines. The effective date is October 3, 2013. The USPTO also requests comments, but sets not deadline. The docket number is PTO-C-2013-0044 . See, FR, Vol. 78, No. 192, October 3, 2013, at Pages 61185-61188.

9/23. Furuno Electric Co., Ltd. and Furuno U.S.A. Inc. filed a complaint with the U.S. International Trade Commission (USITC) against various Garmin companies and others that alleges violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in connection with the importation into the US of certain GPS devices, mapping systems, software and related items. The deadline for public comments is October 8, 2013. See, notice in the Federal Register, Vol. 78, No. 189, September 30, 2013, at Pages 59973-59974.

9/17. The U.S. District Court (SDNY) issued an Opinion and Order [30 pages in PDF] in In Re Petition of Pandora Media, granting summary judgment to Pandora. It concluded that "Pandora's July 1, 2013 motion for summary judgment that ASCAP publisher withdrawals of New Media licensing rights during the term of Pandora’s five year license beginning on January 1, 2011 do not affect the scope of the ASCAP repertory subject to that license is granted." This case is In Re Petition of Pandora Media, Inc, related to USA v. American Society of Composers, Authors & Publishers, U.S. District Court for the Southern District of New York, D.C. No. 12 Civ 8035 (DLC), Judge Denise Cote presiding.

10/3. The Federal Communications Commission (FCC) set comment deadlines for refreshing the record in its phone bill cramming proceedings. The deadline to submit initial comments is November 18, 2013. The deadline to submit reply comments is December 2. See, FCC's August 27, 2013 Public Notice (PN) that seeks new comments. This PN is DA 13-1807 in CG Docket Nos. 11-116 and 09-158, and CC Docket No. 98-170. The FCC adopted and released its last Further Notice of Proposed Rulemaking (FNPRM) [79 pages in PDF] on cramming on April 27, 2012. It is FCC 12-42 in the same dockets. See, notice in the Federal Register, Vol. 78, No. 192, October 3, 2013, at Pages 61250-61251 which sets comment deadlines. See also, and story titled "FCC Again Seeks Comments on Phone Bill Cramming" in TLJ Daily E-Mail Alert No. 2,593, September 2, 2013.

9/30. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that sets deadlines to submit comments in response to its Notice of Proposed Rulemaking (NPRM) that proposes to require that digital technologies, including Terrestrial Trunked Radio (TETRA) based technologies, comply with Emission Mask H when operated in the 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) band 806-809 & 851-854 MHz. Initial comments are due by November 14, 2013. Reply comments are due by November 29. FCC adopted this NPRM on August 23, 2013, and released it on August 27. It is FCC 13-117 in PS Docket No. 13-209 and RM-11663. See, FR, Vol. 78, No. 189, September 30, 2013, at Pages 59903-59906.

9/27. The Federal Communications Commission (FCC) released a short document [4 pages in PDF" titled "Plan for Orderly Shutdown Due to Lapse of Congressional Appropriations".

9/26. The Government Accountability Office (GAO) released a report [61 pages in PDF] titled "Federal Information Security: Mixed Progress in Implementing Program Components; Improved Metrics Needed". This report evaluates the extent to which major federal agencies have implemented the requirements of Federal Information Security Management Act of 2002 (FISMA) as amended to ensure the effectiveness of information security controls over information resources that support federal operations and assets. It states that while agencies made progress in FY 2012, the GAO and inspectors general "continue to identify weaknesses in agencies' information security programs".

9/24. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-52 Rev. 1 [64 pages in PDF] titled "Guidelines for the Selection, Configuration, and Use of Transport Layer Security (TLS) Implementations". The deadline to submit comments is November 30, 2013.

9/6. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-90 A Rev 1 [137 pages in PDF] titled "Recommendation for Random Number Generation Using Deterministic Random Bit Generators", its draft SP 800-90 B [78 pages in PDF] titled "Recommendation for the Entropy Sources Used for Random Bit Generation", and its draft SP 800-90 C [50 pages in PDF] titled "Recommendation for Random Bit Generator (RBG) Constructions". The deadline to submit comments is November 6, 2013.

10/3. The Senate Commerce Committee (SCC) postponed its executive session scheduled for October 2, 2013, at which it had scheduled votes on the nominations of Michael O'Rielly (FCC Commissioner), Terrell McSweeny (FTC Commissioner), and Jo Handelsman (Associate Director for Science in the EOP's Office of Science and Technology Policy).

10/2. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register (FR) that announces that it seeks applications for membership on its Commerce Spectrum Management Advisory Committee (CSMAC). Applications are due by November 15, 2013. See, FR, Vol. 78, No. 191, October 2, 2013, at Pages 60860-60861.

10/1. Anne Viegle was named SVP Communications at US Telecom. She will be responsible for media affairs, member communications and external activities. She joined US Telecom in 2010 as VP for media affairs. Before that, she worked at Communications Daily and other news media. Karn Dhingra remains Director of media affairs. See, release.

9/5. The Copyright Office (CO) announced the creation of two programs for temporary employment of scholars. First, it created a Kaminstein Scholar in Residence Program for established scholars of copyright law. Abraham Kaminstein was the Register of Copyright from 1960 through 1971. Robert Brauneis (George Washington University law school) was named the first Kamenstein Scholar, for the 2013-2014 academic year. Second, the CO created a Ringer Copyright Honors Program for recent law school graduates. Barbara Ringer was the Register of Copyright from 1973 through 1980. See, CO release.

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The House will meet at 10:00 AM for morning hour, and at 2:00 PM for legislative business.

POSTPONED. 9:00 AM - 12:30 PM. Day one of a three day event hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Intersection of Cloud and Mobility Forum and Workshop". Open to the public. Registration required. See, notice in the Federal Register, Vol. 78, No. 171, September 4, 2013, at Page 54453. See also, story titled "NIST to Hold Workshop on Cloud Computing and Mobility" in TLJ Daily E-Mail Alert No. 2,594, September 3, 2013. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

POSTPONED. 10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of S 42 [LOC | WW], the "Criminal Antitrust Anti-Retaliation Act of 2013". This bill would prohibit retaliation against a whistleblower because he reported to the federal government what he reasonably believes to be a violation of the antitrust laws. The agenda also again includes consideration of numerous judicial nominees: Judge Robert Wilkins (to be a Judge of the U.S. Court of Appeals (DCCir)), James Donato (USDC/NDCal), Beth Freeman (USCD/NDCal), Brian Davis (USDC/MDFl), Timothy Brooks (USDC/WDArk), and Pedro Delgado Hernandez (USDC/DPR). The Pillard nomination is part of President Obama's plan to pack the DC Circuit. See, story titled "Obama Launches Effort to Pack the DC Circuit" in TLJ Daily E-Mail Alert No. 2,570, June 4, 2013. Webcast. Location: Room 226, Dirksen Building.

10:00 - 11:00 AM. The Heritage Foundation (HF) will host an event titled "What Japan Can Gain from Sound Innovation". The speakers will be Masazumi Ishii (Managing Director of AZCA, Inc.), Derek Scissors (American Enterprise Institute), and Walter Lohman (HF). Free. Open to the public. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE

POSTPONED. 11:00 AM. The Senate Commerce Committee (SCC) will hold an executive session to vote on pending nominations, including Michael O'Rielly (FCC Commissioner), Terrell McSweeny (FTC Commissioner), and Jo Handelsman (Associate Director for Science in the EOP's Office of Science and Technology Policy). Webcast. See, notice. Location: Room 253, Russell Building.

CANCELLED. 2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room 219, Hart Building.

POSTPONED. 2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation titled "Reputations in Repeated Games". See, paper with the same title. The speaker will be a co-author, Larry Samuelson (Yale). The paper is 86 pages of game theory. Government agencies often regulate without regard for the role played by reputation in protecting consumers and investors. For more information, contact Christopher Metcalf at cmetcalf at ftc dot gov. Location: FTC, 601 New Jersey Ave., NW.

Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to its Notice of Inquiry (NOI) regarding its proposed spectrum monitoring pilot program. The NTIA stated in its notice in the Federal Register (FR) that this program, if funded and implemented, would "develop and deploy a prototype system to monitor spectrum usage in up to ten metropolitan areas". See, FR, Vol. 78, No. 160, August 19, 2013, at Pages 50399-50401.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its public safety Travelers' Information Stations (TIS) rules, under which Public Safety Pool (PSP) eligible entities transmit noncommercial travel related information over AM band frequencies to motorists on a localized basis. The FCC adopted this item on July 18, 2013, and released it on July 23. It is FCC 13-98 in PS Docket No. 09-19. See, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50370-50372. See also, August 20 Public Notice (DA 13-1784).

Deadline to file post-hearing briefs and statements with the U.S. International Trade Commission (USITC) regarding its September 25, 2013 hearing titled "Digital Trade in the U.S. and Global Economies". See, USITC release, and notice in the Federal Register, Vol. 78, No. 162, August 21, 2013, at Pages 51744-51746. See also, story titled "USITC Releases First Report on Digital Trade" in TLJ Daily E-Mail Alert No. 2,589, August 26, 2013.

The House will meet at 10:00 AM.

The Senate will meet at 10:30 AM.

POSTPONED. 8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its September 2013 unemployment data.

POSTPONED. (The PCLOB remains in operation, but government witnesses would not attend.) 9:00 AM - 4:30 PM. The Privacy and Civil Liberties Oversight Board (PCLOB) will hold a hearing. This hearing will address surveillance programs conducted pursuant Section 215 of the USA PATRIOT Act and Section 702 of Foreign Intelligence Surveillance Act (FISA). Free. Open to the public. For more information, contact Susan Reingold at 202-331-1986 or info at pclob dot gov. See, notice in the Federal Register, Vol. 78, No. 179, September 16, 2013, at Pages 56951-56952. See also, story titled "PCLOB Schedules Hearing and Comments Deadline Regarding Sections 215 and 702 Surveillance" in TLJ Daily E-Mail Alert No. 2,601, September 16, 2013. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

12:00 NOON. Deadline to register to listen to the teleconference of the President's Council of Advisors on Science and Technology (PCAST) brief public meeting on cyber security on October 7. This is also the deadline to submit written comments. See, notice in the Federal Register, Vol. 78, No. 186, September 25, 2013, Page 59013.

11:59 PM. Extended deadline to submit comments to the National Institute of Standards and Technology's (NIST) Request for Information on Computer Security Incident Coordination. See, notice in the Federal Register, Vol. 78, No. 183, September 20, 2013, at Pages 57839-57840.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-101 Rev. 1 [85 pages in PDF] titled "Guidelines on Mobile Device Forensics".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR 7946 [41 pages in PDF] titled "CVSS Implementation Guidance". CVSS is Common Vulnerability Scoring System.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding the agreement [11 pages in PDF] that contains a proposed consent order in its Section 5 administrative proceeding against TRENDnet. See, story titled "FTC Brings and Settles Case Alleging Lax Security for IP Based Home Monitoring Camera System" in TLJ Daily E-Mail Alert No. 2,597, September 9, 2013. See also, notice in the Federal Register, Vol. 78, No. 176, September 11, 2013, at Pages 55717-55719.

Deadline to file reply submissions with the U.S. International Trade Commission (USITC) in its Section 337 exclusion proceeding initiated by InterDigital Communications against Huawei, Futurewei, Nokia and ZTE involving 3G wireless devices. The administrative law judge filed his determination on June 28, 2013 finding no violation of Section 337. The USITC then decided to review this determination in its entirety. It seeks comments on whether establishing a domestic industry based on licensing under 19 U.S.C. § 1337 (a)(3)(C) requires proof of ``articles protected by the patent´´, and if so, whether there is evidence in the record that establishes articles protected by the asserted patents. See, notice in the Federal Register, Vol. 78, No. 175, September 10, 2013, at Pages 55294-55296.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the proposed participation of Paraguay and Liechtenstein in the Trade in Services Agreement (TISA) negotiations. See, notice in the Federal Register, Vol. 78, No. 174, September 9, 2013, at Pages 55135-55136.

Day one of a four day event hosted by the George Mason University law school and the American Bar Association's (ABA) Section of Antitrust Law titled "Antitrust Law and Economics Institute". See, notice. For more information, call Kayla Lahti at 703-993-8008. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

9:00 AM - 5:00 PM. Day one of a five day meeting of the Federal Aviation Administration's (FAA) RTCA Special Committee 159, Global Positioning Systems. See, notice in the Federal Register, Vol. 78, No. 182, September 19, 2013, at Pages 57672-57673. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

11:00 AM. The Supreme Court will hear oral argument in Chadbourne & Parke v. Troice (Sup. Ct. No. 12-79), Willis or Colorado v. Troice (Sup. Ct. No. 12-86), and Proskauer Rose v. Troice (Sup. Ct. No. 12-88), cases involving the Securities Litigation Uniform Standards Act of 1998 (SLUSA). See, question presented, and Supreme Court October calendar.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee will host a brown bag lunch titled "Copyright Policy, Creativity, and Innovation in the Digital Economy". The speakers will be Shira Perlmutter (USPTO) and John Morris (National Telecommunications and Information Administration). Free. No CLE credits. No webcast. Location: Wilkinson Barker Knauer, Suite 700, 2300 N St., NW.

12:30 - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host an event titled "ConnectED Workshop". See, notice in the Federal Register, Vol. 78, No. 176, September 11, 2013, Pages 55684-55685. It states that participants will "discuss the growing bandwidth needs of K-12 schools as more schools use mobile devices to enrich the learning experience; as teachers increasingly integrate Web video and other digital content into the curriculum; and as classroom management software tools move everything from homework assignments to testing into the cloud". Location: American Institute of Architects, 1735 New York Ave., NW.

4:00 - 4:30 PM. The President's Council of Advisors on Science and Technology (PCAST) will hold a brief public meeting by teleconference. The sole item on the agenda is a PCAST report on cyber security. The deadline to register is 12:00 NOON on October 4, 2013. See, notice in the Federal Register, Vol. 78, No. 186, September 25, 2013, Page 59013.

Day two of a four day event hosted by the George Mason University law school and the American Bar Association's (ABA) Section of Antitrust Law titled "Antitrust Law and Economics Institute". See, notice. For more information, call Kayla Lahti at 703-993-8008. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) regarding extension of its foreign policy based export control regulations. See, notice in the Federal Register, Vol. 78, No. 172, September 5, 2013, at Pages 54623-54625.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) regarding the request of the Laboratory Accreditation Bureau (LAB) for accreditation by the FCC. See, FCC's August 23, 2013 Public Notice (DA 13-1795 in ET Docket No. 13-208).

Deadline to submit to the Federal Communications Commission (FCC) oppositions to petitions to deny AT&T's planned acquisition of Leap Wireless. See, FCC August 28, 2013 Public Notice (DA 13-1831 in WT Docket No. 13-193). See also, the FCC's Office of General Counsel's (OGC) web page for this merger review.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Purple Communications' July 11, 2013 Emergency Petition for Limited Waiver [6 pages in PDF], in connection with FCC's VRS reform order, due to other providers of IP Relay service exiting the IP Relay marketplace. See, Report and Order and Further Notice of Proposed Rulemaking [160 pages in PDF] adopted on June 7, 2013, and released on June 10, 2013. It is FCC in 13-82 in CG Docket Nos. 10-51 and 03-123. See, also the FCC's August 27, 2013 Public Notice (DA 13-1814), and notice in the Federal Register, Vol. 78, No. 176, September 11, 2013, at Pages 55696-55697.

8:00 AM - 5:00 PM. Day one of a two day event hosted by the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences' Synchrotron Subcommittee. The agenda includes items related to scynchrotrons, which have applications for burning computer chip designs into metal wafers and for semiconductor materials research. Open to the public. See, notice in the Federal Register, Vol. 78, No. 185, September 24, 2013, at Page 58569. Location: Residence Inn, 650 N. Quincy St., Arlington, VA.

9:00 AM - 5:00 PM. Day one of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee (ASCAC). The ASCAC will discuss Exascale. See, notice in the Federal Register, Vol. 78, No. 179, September 16, 2013, at Page 56871. Location: American Geophysical Union, 2000 Florida Ave., NW.

9:00 AM - 1:45 PM. The National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT) will meet. See, notice in the Federal Register, Vol. 78, No. 183, September 20, 2013, at Page 57839. Location: NIST, Administration Building, Portrait Room, 100 Bureau Drive, Gaithersburg, MD.

9:00 AM - 5:00 PM. Day two of a five day meeting of the Federal Aviation Administration's (FAA) RTCA Special Committee 159, Global Positioning Systems. See, notice in the Federal Register, Vol. 78, No. 182, September 19, 2013, at Pages 57672-57673. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

9:00- 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Future of Cloud Services". The speakers will include Rep. Greg Walden (R-OR), Daniel Castro (ITIF), and Jim Blakely (Intel). Free. Open to the public. See, notice. Location: Room 121, Cannon Building, Capitol Hill.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Futurewei Technologies v. Acacia Research, App. Ct. No. 13-1090, an appeal from the U.S. District Court (CDCal) in a patent infringement case involving wireless communications. Panel H. Location: Courtroom 201, 717 Madison Place, NW.

6:00 - 7:30 PM. The New America Foundation (NAF) will host a discussion of the book [Amazon] titled "Smart Cities: Big Data, Civic Hackers, and the Quest for a New Utopia". The speakers will be Anthony Townsend (author), Joshua Breitbart (NAF), Reid Cramer (NAF), Greta Byrum (NAF), and Lina Khan (NAF). Location: NAF, Suite 400, 1899 L St.,  NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) State and Local Practice Committee will host an event titled "Appealing the FCC’s Transformation Order: Challengers and Defenders Hone Their Arguments for the Tenth Circuit". This case is Windstream v. FCC, U.S. Court of Appeals (10thCir), App. Ct. No. 11-9900, a petition for review of the FCC's Second Order an Reconsideration (FCC 11-161), regarding universal service taxes. Oral argument is scheduled for November 19, 2013. There will be two panels. The speakers will be __. Prices vary. No webcast. CLE credits. See, notice. Location: __.

Day three of a four day event hosted by the George Mason University law school and the American Bar Association's (ABA) Section of Antitrust Law titled "Antitrust Law and Economics Institute". See, notice. For more information, call Kayla Lahti at 703-993-8008. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to AT&T's July 22, 2013 request for an interim waiver [30 pages in PDF] of FCC rules, pending disposition of AT&T's February 19, 2012 petition for rulemaking, to permit the use of Power Spectral Density (PSD) measurements for certain of its Florida station operations in the Cellular Radiotelephone Service. See, FCC's August 22, 2013 Public Notice (DA 13-1743 in WT Docket No. 13-202).

Deadline for the public to submit comments to the U.S. International Trade Commission (USITC) regarding the complaint filed by Furuno Electric Co., Ltd. and Furuno U.S.A. Inc. against various Garmin companies and others that alleges violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in connection with the importation into the US of certain GPS devices, mapping systems, software and related items. See, notice in the Federal Register, Vol. 78, No. 189, September 30, 2013, at Pages 59973-59974.

8:00 AM - 5:00 PM. Day one 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). See, notice in the Federal Register, Vol. 78, No. 171, September 4, 2013, at Page 54454. See also, story titled "NIST ISPAB to Hold Three Day Meeting" in TLJ Daily E-Mail Alert No. 2,594, September 3, 2013. Location: U.S. Access Board, Suite 800, Conference Room, 1331 F St., NW.

8:00 - 11:30 AM. Day one of a two day event hosted by the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences' Synchrotron Subcommittee. See, notice in the Federal Register, Vol. 78, No. 185, September 24, 2013, at Page 58569. Open to the public. Location: Residence Inn, 650 N. Quincy St., Arlington, VA.

9:00 AM - 12:00 NOON. Day two of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee (ASCAC). The ASCAC will discuss Exascale. See, notice in the Federal Register, Vol. 78, No. 179, September 16, 2013, at Page 56871. Location: American Geophysical Union, 2000 Florida Ave., NW.

9:00 AM - 5:00 PM. Day three of a five day meeting of the Federal Aviation Administration's (FAA) RTCA Special Committee 159, Global Positioning Systems. See, notice in the Federal Register, Vol. 78, No. 182, September 19, 2013, at Pages 57672-57673. Location: RTCA, Inc., Suite 910, 1150 18th St.,  NW.

9:00- 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Next Gen Data Centers: Bringing Energy Efficiency to Government". The speakers will be Rep. Anna Eshoo (D-CA), Robert Atkinson (ITIF), Colin Coyle (Hewlett Packard), Dean Garfield (Information Technology Industry Council), Eric Masanet (Northwestern University), and Kathrin Winkler (EMC Corporation). Free. Open to the public. See, notice. Location: Room 121, Cannon Building, Capitol Hill.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on the pending judicial nominations of __. See, notice. Webcast. Location: Room 226, Dirksen Building.

5:30 - 9:00 PM. The Public Knowledge (PK) will host an event titled "10th Annual IP3 Awards". Location: Pavilion Room, Ronald Reagan Building and International Trade Center.

FILING WINDOW SUSPENDED. 6:00 PM. Deadline to submit to the Federal Communications Commission (FCC) FCC Form 180 (short form applications) in connection with FCC Auction 902, the Tribal Mobility Fund Phase I support reverse auction. See, FCC's August 7, 2013 Public Notice (DA 13-1672 in AU Docket No. 13-53), and notice in the Federal Register, Vol. 78, No. 179, September 16, 2013, at Pages 56875-56895. See also, FCC's September 25, 2013 Public Notice (DA 13-1978). See, notice (DA 13-2014 in AU Docket No. 13-53) of suspension of filing window.

Day four of a four day event hosted by the George Mason University law school and the American Bar Association's (ABA) Section of Antitrust Law titled "Antitrust Law and Economics Institute". See, notice. For more information, call Kayla Lahti at 703-993-8008. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding Imperium LLC's proposed parental consent method and the FTC's rules implementing the Children's Online Privacy Protection Act (COPPA). See, notice in the Federal Register, Vol. 78, No. 177, September 12, 2013, at Pages 56183-56184.

Deadline to submit to the Department of Homeland Security (DHS) nominations for membership on its DHS Data Privacy and Integrity Advisory Committee. This committee provides advice regarding "programmatic, policy, operational, administrative, and technological issues within DHS that relate to personally identifiable information (PII), as well as data integrity and other privacy-related matters". See, notice in the Federal Register, Vol. 78, No. 174, September 9, 2013, at Pages 55088-55089.

7:30 AM - 12:15 PM. The George Mason University law school will host a conference titled "Competition Among Online Platforms". See, notice. For more information, call Jeff Smith at 703-993-8382. Location: GMU law school, Founders Hall, 3351 Fairfax Drive, Arlington, VA.

8:00 AM - 5:00 PM. Day two 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). See, notice in the Federal Register, Vol. 78, No. 171, September 4, 2013, at Page 54454. See also, story titled "NIST ISPAB to Hold Three Day Meeting" in TLJ Daily E-Mail Alert No. 2,594, September 3, 2013. Location: U.S. Access Board, Suite 800, Conference Room, 1331 F St., NW.

9:00 AM - 5:00 PM. Day four of a five day meeting of the Federal Aviation Administration's (FAA) RTCA Special Committee 159, Global Positioning Systems. See, notice in the Federal Register, Vol. 78, No. 182, September 19, 2013, at Pages 57672-57673. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

10:30 AM - 12:00 NOON. The Brookings Institution (BI) will host an event titled "NSA Surveillance Programs and the Najibullah Zazi Terrorist Threat". The speaker will be Matt Apuzzo (Associated Press). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Conflicts of Interest and Unauthorized Practice: Pitfalls for FCC Lawyers to Avoid". The speakers will be __. Prices vary. No webcast. CLE credits. See, notice. Location:__.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the proposed merger involving Globecomm Systems, Telaurus Communications, and Wasserstein Cosmos. See, FCC's September 26, 2013 Public Notice (DA 13-1987 in WC Docket No. 13-235).

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding DISH Network Corporation's September 9, 2013 Petition for Waiver and Request Extension of Time [22 pages in PDF] regarding the FCC's AWS-4 rules applied to offering terrestrial broadband service. See, FCC's September 13, 2013 Public Notice (DA 13-1877 in WT Docket No. 13-225) and notice in the Federal Register, Vol. 78, No. 188, September 27, 2013, at Pages 59633-59635.

Supreme Court conference day. See, October Term 2013 calendar.

TIME? The Senate Commerce Committee (SCC) will hold a hearing titled "The Impacts of the Government Shutdown on Our Economic Security". The witnesses will be __. Webcast. See, notice. Location: Room 253, Russell Building.

Day one of a two day event hosted by the U.S. Patent and Trademark Office (USPTO) titled "18th Annual Independent Inventor Conference". See, notice. Location: USPTO Campus, Madison North Auditorium, 600 Dulany St., Alexandria, VA.

8:00 AM - 12:00 NOON. 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). See, notice in the Federal Register, Vol. 78, No. 171, September 4, 2013, at Page 54454. See also, story titled "NIST ISPAB to Hold Three Day Meeting" in TLJ Daily E-Mail Alert No. 2,594, September 3, 2013. Location: U.S. Access Board, Suite 800, Conference Room, 1331 F St., NW.

9:00 - 10:30 AM. The US Telecom will host an on site and webcast panel discussion titled "The National Cybersecurity Framework -- The First Major Milestone". Patrick Gallagher, head of the National Institute of Standards and Technology (NIST), will give an opening speech. There will then be a panel comprised of Charlie Mitchell (Inside Cybersecurity), Donna Dodson (NIST), Adam Sedgewick (NIST), Robert Dix (Juniper Networks), Sara Andrews (Verizon Communications), and Rosemary Leffler (AT&T). Larry Clinton (Internet Security Alliance) will give a closing speech. Free. Open to the public. Breakfast will be served. See, notice. Location: First Amendment Room, National Press Club, 529 14th St., NW.

9:00 AM - 5:00 PM. Day five of a five day meeting of the Federal Aviation Administration's (FAA) RTCA Special Committee 159, Global Positioning Systems. See, notice in the Federal Register, Vol. 78, No. 182, September 19, 2013, at Pages 57672-57673. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Motorola Mobility v. USITC, App. Ct. No. 12-1666, an appeal from the U.S. International Trade Commission (USITC). Panel L. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The Federal Communications Commission (FCC) will hold an event titled "Spectrum, Medical Devices, and Broadband for Rural Health Care: An Introduction to FCC Programs and Initiatives Affecting Health Care". The speakers will be Matthew Quinn (FCC Director of Health Care Initiatives) and Linda Oliver (Deputy Chief of the FCC's WCB's Telecommunications Access Policy Division). Free. Bring your own lunch. No webcast. No CLE credits. The FCBA states that this is an event of its Telehealth Committee. Location: CTIA, 6th floor, 1400 16th St., NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "September Antitrust Update for In-House Counsel". The speakers will be Carter Simpson (SNR Denton), and Allan Van Fleet, Warren Rosborough, Alison Smith, and Andrea Hamilton (all of McDermott Will & Emery). The price to attend ranges from free to $25. No CLE credits. See, notice.

Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) regarding its proposed changes to its Export Administration Regulations (EAR). The proposed changes, among other things, would require exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving a party or parties to the transaction who are listed on the Unverified List, aka UVL. See, notice in the Federal Register, Vol. 78, No. 176, September 11, 2013, Pages 55664-55671.

EXTENDED TO OCTOBER 25. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing a report on the internet and physical notorious markets that exist outside the US and that may be included in the OUSTR's 2013 Notorious Markets List. See, notice in the Federal Register (FR), Vol. 78, No. 183, September 20, 2013, at Pages 57924-57925, and story titled "USTR Seeks Comments on Notorious Foreign Markets" in TLJ Daily E-Mail Alert No. 2,606, September 27, 2013. See also, September 23 release which extends the deadline to October 25, and extension notice in the FR, Vol. 78, No. 190, October 1, 2013, at Page 60367. The docket number is USTR-2013-0030.

Deadline for 12 operators of consumer facing web sites to respond to interrogatories sent by Sen. John Rockefeller (D-WV). See, September 24, 2013 letter, and story titled "Sen. Rockefeller Queries Consumer Facing Web Sites About Their Data Collection and Sharing Practices" in TLJ Daily E-Mail Alert No. 2,606, September 27, 2013.