10/8. Michael Froman, the U.S. Trade Representative, announced his decision to deny Samsung's request to overturn a Section 337 exclusion order of the U.S. International Trade Commission (USITC) that affects certain Samsung mobile devices that infringe Apple patents.

Denial of such a request would be standard, but for the USTR's granting of a similar request in August to Samsung's US rival, Apple, which the USITC found had infringed Samsung patents.

The USITC performs a judicial function in Section 337 proceedings. Parties may, and often do, seek judicial review by the U.S. Court of Appeals (FedCir) pursuant to 5 U.S.C. § 706. In addition, the President may overturn these exclusion orders within 60 days, pursuant to 19 U.S.C. § 1337(j). These requests are typically denied.

The Office of the U.S. Trade Representative (OUSTR) is a part of the Executive Office of the President (EOP). Froman acted on behalf of the President.

Section 337, which is codified at 19 U.S.C. § 1337, provides, in part, that "The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that ... infringe a valid and enforceable United States patent or a valid and enforceable United States copyright registered under title 17". Moreover, this section empowers the USITC to issue exclusion orders.

Apple Exclusion Order. In June the USITC issued an exclusion order banning importation of certain Apple devices that infringed certain Samsung patents. See, story titled "USITC Enjoins Importation of Certain Older iPhones and iPads" in TLJ Daily E-Mail Alert No. 2,570, June 4, 2013.

The Apple exclusion order was issued on June 4, 2013 in USITC Investigation No. 337-TA-794.

Froman overturned that order in August. See, story titled "USTR Froman Disapproves USITC Exclusion Order in Samsung Apple Proceeding" in TLJ Daily E-Mail Alert No. 2,587, August 6, 2013.

Had that order gone into effect, it would have benefited Apple's competitors, and especially Samsung.

Samsung Exclusion Order. The USITC then issued an exclusion order directed at Samsung for infringing certain Apple patents. This order benefits Apple. This order was issued in USITC Investigation No. 337-TA-796.

Samsung sent a letter to the OUSTR asking that this order be similarly overturned. It wrote that "The world is watching how Samsung is treated by the United States in this ``smartphone war´´ and the Administration has a significant interest in avoiding the perception of favoritism and protectionism toward U.S. companies. Samsung requests nothing more than equal and fair treatment in this, and future investigations."

The just announced decision denies this request.

Protectionism. President Obama and his administration have a checkered record on free trade.

For example, the Bush administration completed negotiations on a free trade agreement (FTA) with Korea in 2007. The Obama administration, and Democrats in the Congress, then delayed implementation of that agreement for years.

Moreover, the Obama administration has not concluded any bilateral FTAs.

In addition, the Obama administration has had great success in blocking telecommunications equipment manufacturers based in the People's Republic of China (PRC), Huawei and ZTE, from competing in US markets, including for low end consumer devices. The administration, and allies its in Congress, have leveled accusations that these foreign companies and the PRC government would diminish telecommunications and cyber security. Recent revelations, based upon documents provided by Edward Snowden, and admissions by the National Institute of Standards and Technology (NIST), disclose that the US government has already engaged in security diminishing activities.

Apple, a US company, and Samsung, a Korean company, compete in the sale of smart phones. The USITC issued two exclusion orders based upon patent infringement -- one directed at Apple, and one directed a Samsung. Froman overturned the Apple order, but not the Samsung order. This set of actions, in the least, creates the appearance of favoritism and protectionism.

Apologists for Froman have advanced the argument that the Apple order excluded the importation devices that infringed standards essential patents (SEPs) subject to fair, reasonable and non-discriminatory (FRAND) commitments, while the Samsung order involved findings of infringement of non-SEPs.

Froman did raise the subject of SEPs subject to FRAND commitments in his August ruling. Also, he referenced the Department of Justice's (DOJ) and U.S. Patent and Trademark Office's (USPTO) joint policy statement [10 pages in PDF] dated January 8, 2013 on the subject. See also, story titled "DOJ and USPTO Issue Statement on Injunctive Relief for Infringement of SEPs Subject to FRAND Commitments" in TLJ Daily E-Mail Alert No. 2,506, January 9, 2013.

That DOJ/USPTO statement argued that an exclusion order or injunction for a FRAND encumbered SEP may be inconsistent with the public interest. However, there are exceptions. For example, an exclusion order or injunction may be appropriate where the putative licensee has refused to take a FRAND license.

However, Froman's August letter made no attempt to apply the principles of that DOJ/USPTO statement to the facts of the Apple proceeding. Moreover, he recited no factual findings of USITC, and made no new or de novo factual findings of his own. He did not even cite any portion of the June 4 USITC determination for the proposition that Samsung refused to license SEPs on FRAND terms, or make any such finding himself.

That is, apologists for Froman seek to distinguish his August letter on the basis of things that are not in the August letter.

10/1. Roberto Azevedo, Director General of the World Trade Organization (WTO), gave a speech in Geneva, Switzerland at a WTO meeting titled "Expanding Trade Through Innovation and the Digital Economy".

Azevedo (at right) said the "Innovation and trade are clearly connected and are mutually supportive: innovation fosters trade and trade helps innovation."

"The fast pace of innovation is at odds with the outdated trade disciplines that still govern us. At the end of the Uruguay Round, there was basically no commercial use of the internet yet. Yes, you got it right: current WTO rules were conceived in a world with no internet connection."

He concluded that "The multilateral trading system is in urgent need for update if it is to be relevant; if it is to stimulate innovation and development. WTO members face the common challenge of responding in timely manner to the new way business is conducted across the globe."

10/10. Karel De Gucht (at left), the European Trade Commissioner, gave a speech in Prague, Czech Republic, titled "Transatlantic Trade and Investment Partnership (TTIP) -- Solving the Regulatory Puzzle". He said that the EU will not remove regulatory barriers to trade, or "renounce the right to regulate in future to reach the level of protection that their citizens choose". See also, stories titled "EU and US Announce Beginning of Transatlantic Trade and Investment Partnership Negotiations" in TLJ Daily E-Mail Alert No. 2,523, February 13, 2013, "Marantis Outlines Objectives of US EU TTIP Negotiations" in TLJ Daily E-Mail Alert No. 2,537, March 20, 2013, and "OUSTR Announces Request for Comments and Hearing Regarding US EU TTIP" in TLJ Daily E-Mail Alert No. 2,547, April 8, 2013.

10/8. President Obama held a press conference to address federal appropriations and debt ceiling. However, in response to one question, he touched on trade, the People's Republic of China (PRC), intellectual property and the Trans Pacific Partnership Agreement (TPPA). He said "our cooperation with China is not a zero-sum game. There are a lot of areas where the Chinese and us agree. On trade, in particular, though, here is an area where part of what we're trying to do is raise standards for, for example, intellectual property protection, which sometimes is a big problem in China. And if we can get a trade deal with all the other countries in Asia that says you've got to protect people's intellectual property that will help us in our negotiations with China." See, transcript.

10/8. The parties to the ongoing Trans Pacific Partnership Agreement (TPPA) negotiations released a joint statement, in which they announced that "our countries are on track to complete the ... negotiations". The participating nations are Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, US, and Vietnam.

10/1. Michael Froman, the U.S. Trade Representative, gave a speech in Geneva, Switzerland at a World Trade Organization (WTO) meeting titled "Expanding Trade Through Innovation and the Digital Economy". He said that the US "believes in" the WTO, that Doha is "stuck", but that a multilateral agreement is "doable", and that the meeting next month in Bali, Indonesia is important.

10/9. President Obama announced his selection of Janet Yellen to be Chairman of the Board of Governors of the Federal Reserve System. The outgoing Chairman is Ben Bernanke.

Yellen (at right) is currently one of its Governors. On September 29, 2010, the Senate confirmed her to be a member for a term of 14 years from February 1, 2010. And, the Senate confirmed her to be Vice Chairman for a term of 4 years. See, Congressional Record, September 29, 2010, at Page S7777.

Yellen, like President Obama, has faith in the ability of government to stimulate economic and job growth.

She has also provided the President cover against charges that his policies have maintained high unemployment and underemployment rates.

For example, she gave a speech in Washington DC on February 11, 2013 in which she stated that there has been "weak recovery in employment" during the Obama administration, but attributed this to "globalization and technological change", and a "mismatch between the skills possessed by the unemployed and those demanded by employers", rather that the President's or the FRB's policies.

Sen. Jeff Sessions (R-AL), the ranking Republican on the Senate Budget Committee, stated in a release that "The idea that the Fed has the insight to micromanage the economy, taming bubbles with targeted precision was demolished after they not only failed to see but contributed to the last financial bubble."

He charged that "while Fed policy has aided large and sophisticated investors who capitalize on low borrowing rates it has squeezed the middle class and working Americans who prudently save their money. The stimulus mindset in Washington -- both fiscal and monetary -- has not produced strong, sustainable growth."

Sen. Sessions concluded that "Cash pay for wage earners has declined while Wall Street has been enriched and the size of government has soared. Our nation’s long-term plan surely cannot be to supplement declining wages through ever more government subsidy and borrowing. The nation must begin a steady and firm move toward a sound money policy that creates confidence and stability in our struggling economy."

Sen. Tim Johnson (D-SD), Chairman of the Senate Banking Committee (SBC) stated in a release that Yellen "has a depth of experience that is second to none, and I have no doubt she will be an excellent Federal Reserve Chairman. In addition to having more than a decade’s worth of experience working on monetary policy at the Federal Reserve, Dr. Yellen has also worked at the White House as Chairman of the Council of Economic Advisors and taught at some of world’s most prestigious universities."

10/7. The Government Accountability Office (GAO) released a report [31 pages in PDF] titled "Managing Critical Isotopes: Stewardship of Lithium-7 Is Needed to Ensure a Stable Supply".

The GAO reports that Lithium-7 (Li-7) is a critical component for the operation of the 65 pressurized water reactors (PWRs) that produce 13 percent of the electricity in the US. The US has not produced Li-7 in 50 years. Only the People's Republic of China (PRC) and Russia make it, and those supply sources are becoming unreliable. Moreover, the GAO reports, the Department of Energy (DOE) is underestimating domestic demand, and the scope of the impending problem.

Li-7 is not used in information and communications technology (ICT). And, this report does not address other Lithium isotopes, or the use of Lithium based compounds, many of which have applications in ICT. However, this Li-7 issue is much like the rare earth materials (REMs) issue. REMs are critical to ICT, as Li-7 is critical to PWRs. The US no longer produces either REMs or Li-7. The PRC produces both. The DOE is responsible for studying both REMs and Li-7, but appears inattentive to both.

Federal action that would incent domestic production could assure a reliable supply of REMs and Li-7.

The report was prepared at the request of Rep. Dan Maffei (D-NY), the ranking Democrat on the House Science Committee's (HSC) Subcommittee on Oversight. There are several PWRs, as well as boiling water reactors, in his upstate New York district.

Also, the Comanche Peak Nuclear Power Plant, which operates two PWRs, is located to the southwest of the Dallas Fort Worth (DFW) metropolitan area. It is a major electricity supplier, employer and tax payer in the area. Rep. Eddie Bernice Johnson (D-TX), the ranking Democrat on the HSC, represents a south Dallas district.

Rep. Johnson (at left) issued a release that states that the "GAO identified several options to mitigate a potential lithium-7 shortage, including establishing a domestic reserve and building a domestic lithium-7 production capability. According to federal officials GAO interviewed, a pilot plant capable of producing Li-7 would take about 5 years to construct at a cost of $10 to $12 million."

The House passed a bill on September 18, HR 761 [LOC | WW], the "National Strategic and Critical Minerals Production Act of 2013", that would facilitate domestic product of REMs, among other things.

That bill addresses the federal permitting processes that delay or block efforts to extract materials from the ground. The just released report does not state whether or not extraction or other permitting processes are an obstacle to domestic Li-7 production. However, it does state that new technology for separating the Li-7 isotope will likely have to be developed.

Votes on HR 761 and Democrats' amendments all broke down along party lines. Rep. Maffei voted against the bill, as did almost all Democrats, but was one of the few Democrats who broke ranks to vote against some Democratic amendments. Rep. Bill Owens (D-NY), another upstate Democrat from an adjacent district, voted for the bill. See, story titled "House Passes Rare Earths Bill" in TLJ Daily E-Mail Alert No. 2,604, September 24, 2013.

The just released GAO report also compares the shortage of Li-7 to the "shortage of rare earth elements". It states that "Controlling most of the market on rare earth materials production, China caused a shortage when it decreased its exports of rare earth materials". And, "if not mitigated, a lithium-7 shortage could possibly lead to the shutdown of one or more" PWRs.

It concludes that "relying on two foreign producers to supply a chemical that is critical to the safe operation of most of the commercial nuclear power reactors in the United States places their ability to continue to provide electricity at some risk".

It suggests that one possible solution would be domestic stockpiling by the DOE. Another would be "building a domestic lithium-7 production capability" which "would reduce or eliminate the need for importing supplies", but "would take several years to develop the technology and construct a production facility".

ICT Uses of Lithium. Li-7, which is critical to PWRs, is a stable isotope of the element Lithium, which is number 3 on the Periodic Table. Lithium is extracted from the earth, either in brine or hard rock mineral. There is much Lithium in known deposits inside the US.

Lithium based products include both rechargeable lithium-ion and disposable batteries for a wide range of portable ICT and other devices.

Other Lithium based compounds are used in mobile phones, optical modulators, fiber optic communications, telescopes, and some other specialty optics applications.

Other uses of Lithium include high strength to weight metal alloys (including in aircraft airframes), heat resistant glass and ceramics (including in ovenware), high energy propellants (including in rockets and torpedoes), and nuclear weapons.

The just released report does not address whether there exist risks of shortages of any of these Lithium based compounds.

NRC's 2008 Report. The National Research Council (NRC) released a 264 page report in 2008 titled "Minerals, Critical Minerals, and the U.S. Economy".

The NRC wrote that, as of 2008, "we conclude that the current importance of lithium would be low, but believe that this element must be followed closely as this situation could change in the future". It suggests that one situation that might change would be the use of Li-ion batteries in hybrid cars. (The DOE and automakers now report that Li-ion batteries are now being used in cars, including for both hybrid and stop-start systems.)

Li-ion batteries have greater efficiency properties (higher energy densities and slower charge loss rates) than alternative lead acid batteries, but cost more, and have volatility problems, as Boeing and purchasers of its 787 Dreamliner have since learned.

In addition, the NRC report finds the "supply risk for lithium to be at least moderate".

The 2008 report also notes that "lithium is widely distributed in the Earth's crust" and the US "is the leading consumer of lithium-based products". (See, NRC report at pages 153-154.)

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Notices & Disclaimers
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The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

The Senate will meet at 10:30 AM.

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.

POSTPONED. 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.

NOT CANCELLED. 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. The House Intelligence Committee (HIC) will hold a closed meeting titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Visitor Center.

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.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed meeting to mark up undisclosed legislation, and/or dispose of other undisclosed matters. See, notice. Location: Room 219, Hart Building.

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 Gregg Skall (Womble Carlyle), Barry Cohen (Crowell & Moring), Grif Johnson ( Telecommunications Law Professionals), Cynthia Wright (Assistant U.S. Attorney and Chair of the Unauthorized Practice of Law of the District of Columbia Court of Appeals), Lawrence Movshin (Wilkinson Barker Knauer), Thomas Mason (Zuckerman Spaeder), and Julia Porter (Senior Assistant Bar Counsel, District of Columbia). Prices vary. No webcast. CLE credits. See, notice. Location: Bingham McCutchen, 2020 K St., NW.

6:30 - 8:00 PM ET. (6:30 - 8:00 AM Beijing Time.) The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Antitrust Principles & Institutional Design". This is the first in a nine part series titled "U.S. Antitrust Law Fundamentals for Chinese Practitioners Series". The speakers will be Yan Luo (Covington & Burling), William Kovacic (George Washington University Law School, and former Chairman of the U.S. Federal Trade Commission), Wan Xiaoye (Hunan University). Free. Open to the public. No CLE credits. See, notice. Location: Covington & Burling, 2301 Tower C Yintai Centre, 2 Jianguomenwai Avenue, Beijing, People's Republic of China.

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.

11:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Impacts of the Government Shutdown on Our Economic Security". The witnesses will be Deborah Hersman (Chairman of the National Transportation Safety Board), Marion Blakey (Aerospace Industries Association), Alan Leshner (American Association for the Advancement of Science), Keith Colburn (commercial fisherman), and Rachel Weintraub (Consumer Federation of America). Webcast. See, notice. Location: Room 253, Russell Building.

CANCELLED. 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.

POSTPONED. 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.

POSTPONED. 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.

NOT CANCELLED. 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.

POSTPONED. 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 asserts sponsorship. 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.

CANCELLED. Day two 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.

Columbus Day. This is a federal holiday. See, OPM list of 2013 federal holidays.

The House will not meet the week of October 14 through October 18. It will return from its Columbus Day recess on Monday, October 21. See, House calendar for the 113th Congress, 1st Session.

The Senate will not meet the week of October 14 through October 18. It will return from its Columbus Day recess on Monday, October 21. See, Senate calendar for the 113th Congress, 1st Session.

POSTPONED. 8:00 - 10:00 AM. Broadband Census News LLC will host a panel discussion titled "Global and Mobile: How Wireless Broadband Spurs Economic Development". Breakfast will be served. This event is open to the public. The price to attend is $47.12. See, notice and registration page. This event is also sponsored by Comcast, Google, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

8:30 - 10:30 AM. The Technology Policy Institute (TPI) will host an event titled "Competition, Net Neutrality and Other Issues Facing the New FCC". The speakers will include Reed Hundt, Jim Cicconi (AT&T), and Scott Wallsten (TPI). Breakfast will be served. See, notice and registration page. Location: City Club, 555 13th St., NW.

9:00 - 10:30 AM. The New America Foundation (NAF) will host a panel discussion titled "How Socially Innovative Entrepreneurship Can Build the Middle East". The speakers will be Tarik Yousef (Silatech), Fadi Ghandour (ARAMEX), Christopher Schroeder (author of the book titled "Startup Rising -- The Entrepreneurial Revolution Remaking the Middle East", Dina Sherif (NAF), and Leila Hilal (NAF). See, notice. Location: George Washington University, Marvin Center, 3rd Floor, 800 21st St., NW.

POSTPONED. 12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "what it means to be a legal advisor at the FCC and hear about others' career paths". For more information, contact Lindsey Tonsager at ltonsager at cov dot com or Justin Faulb at jfaulb at eckertseamans dot com. Free. No webcast. No CLE credits. Location: FCC, 445 12th St., NW.

Deadline for Eligible Telecommunications Carriers (ETCs) to submit annual reports with FCC Form 481 to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB). See, August 6, 2013 Public Notice (DA 13-1707 in WC Docket Nos. 10–90 and 11-42).

Deadline for the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee (ASCAC) to submit its preliminary comments on exascale computing. See, DOE letter of July 29, 2013.

Deadline to submit to the Federal Communications Commission (FCC) replies to 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 Mobile Relay Associates' (MRA) request for waiver of Sections 2.106 and 90.35 of the FCC's rules to to operate on frequency pairs 462/467.5375 MHz and 462/467.7375 MHz at multiple locations in the Los Angeles, Denver, Las Vegas, and Miami metropolitan areas. See, FCC's August 29, 2013 Public Notice (DA 13-1838 in WT Docket No. 13-212).

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-161 [285 pages in PDF] titled "Supply Chain Risk Management Practices for Federal Information Systems and Organizations".

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) that may be discussed at its October 30, 2013 meeting regarding the Internet Policy Task Force's paper [122 pages in PDF] titled "Copyright Policy, Creativity, and Innovation in the Digital Economy", released on July 31, 2013. The deadline to submit all other comments is November 13. See, notice in the Federal Register, Vol. 78, No. 192, October 3, 2013, at Pages 61337-61341.

9:00 - 10:30 AM. The Information Technology & Innovation Foundation (ITIF) will host a panel discussion titled "Nordic Innovation: What Can America Learn from the Scandinavian Innovation Ecosystem". The speakers will be Robert Atkinson (ITIF), Niels Heltberg (Danish Embassy), Rolf Höijer (Swedish Embassy), and Jukka Salminiitty (FinNode USA). Free. Open to the public. See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "International Laws Governing Cross Border Discovery, Privilege, Confidentiality and Data Privacy". The speakers will be Katherine Blostein (Outten & Golden), Lloyd Chinn (Proskauer), Christopher Jordan (CMS Hasche Sigle), Ellis Parry (BP International), George Washington (Orange Business Services), and Michael Royal (Fisher & Phillips). Prices vary. CLE credits. See, notice.

12:30 - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law's Privacy and Information Security Committee will host a teleconferenced panel discussion titled "A Day in the Life of the Irish Data Protection Commissioner". The speakers will be Billy Hawkes (Ireland Data Protection Commissioner) and Abigail Slater (FTC). The price to attend ranges from free to $25. No CLE credits. See, notice.

5:30 - 6:30 PM. The DC Bar Association will host an event titled "Technology in Court: Learning Electronic Courtroom 215". The speaker will be Judge Herbert Dixon. Free. No CLE credits. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: D.C. Superior Court, Courtroom 215, 500 Indiana Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (FNPRM) [175 pages in PDF] regarding its e-rate tax and subsidy program for school and libraries. The FCC adopted and released this NPRM on July 19, 2013, and released it on July 23. It is FCC 13-100 in WC Docket No. 13-184. See, notice in the Federal Register, Vol. 78, No. 161, August 20, 2013, at Pages 51597-51644.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [102 pages in PDF] regarding making spectrum in the 1695-1710 MHz, 1755-1780 MHz, 2020-2025 MHz, and 2155-2180 MHz bands available for Advanced Wireless Services (AWS). The FCC adopted and released this NPRM on July 23, 2013. It is FCC 13-102 in GN Docket No. 13-185. See, notice in the Federal Register, Vol. 78, No. 161, August 20, 2013, at Pages 51559-51595.

8:30 AM - 12:30 PM PT (5:30 - 9:30 AM ET). The U.S. Patent and Trademark Office (USPTO) that it will host an on site and webcast event titled "Software Partnership Meeting". See, USPTO release. Location: UC Berkeley School of Law, Booth Auditorium, Berkeley, California.

9:00 AM - 12:30 PM PT (6:00 - 9:30 AM ET). The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) First Responder Network Authority will hold an on site and webcast event titled "Board Meeting". See, notice in the Federal Register, Vol. 78, No. 183, September 20, 2013, at Pages 57843-57844. Location: Cedar Room, Crowne Plaza Concord Walnut Creek Hotel, 45 John Glenn Drive, Concord, California.

2:00 - 3:30 PM. The New America Foundation (NAF) will host a panel discussion titled "Obama and the Press: Leak Investigations and Surveillance in Post-9/11 America". The speakers will be Fuzz Hogan (NAF), Leonard Downie (Arizona State University), Joel Simon (Committee to Protect Journalists), Rajiv Chandrasekaran (Washington Post), and Kurt Wimmer (Covington & Burling). Free. Open to the public. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation titled "Attention Manipulation and Information Overload". See, paper with the same title. The speaker will be the author, Petra Persson. The paper is steeped in game theoretical analysis. It may be pertinent to policy debates regarding FTC consumer protection regulation of the content and format of communications directed at consumers, as well as product designs. For more information, contact Christopher Metcalf at cmetcalf at ftc dot gov. Location: FTC, 601 New Jersey Ave., NW.

6:00 - 8:00 PM. The DC Bar Association will host a discussion of design patent law. See, opinion in Avia Group International v. LA Gear, 853 F.2d 1557 (1988) and en banc opinion in Egyptian Goddess v. Swisa, 543 F.3d 665 (2008). The speakers will be Perry Saidman (amicus curiae counsel for Apple in Egyptian Goddess) and Robert Kimmer (Rader Fishman & Grauer). The event titled "An Evening of Design Law With Perry Saidman: Design Patents in a Post-Egyptian Goddess World". The price to attend ranges from $15 to $25. No CLE credits. No webcast. No reporters allowed. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

6:30 - 9:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Poker Tournament". For more information, contact Lindsey Tonsager at ltonsager at cov dot com or Justin Faulb at jfaulb at eckertseamans dot com. Location: Covington & Burling, 1201 Pennsylvania Ave., NW.

Deadline to submit reply 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).