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Wednesday, October 16, 2013, Alert No. 2,612.
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Supreme Court Denies Certiorari in Sony Computer Entertainment v. 1st Media

10/15. The Supreme Court denied certiorari in Sony Computer Entertainment v. 1st Media, a patent infringement case involving the doctrine of inequitable conduct, which can be applied to render a patent unenforceable. See, October 15 Orders List [15 pages in PDF] at page 3.

This lets stand the September 13, 2012 opinion [17 pages in PDF] of the U.S. Court of Appeals (FedCir) in this case. It also leaves untouched the Federal Circuit's 2011 divided en banc opinion [88 pages in PDF] in Therasense v. Becton, Dickinson & Co., 649 F.3d 1276.

The issue that the Supreme Court ducked is what constitutes intent to deceive the U.S. Patent and Trademark Office (USPTO or PTO) for the purpose of the doctrine of inequitable conduct.

The Solicitor General submitted an amicus curiae brief urging the Supreme Court to deny certiorari.

1st Media is the assignee of U.S. Patent No. 5,464,946 titled "System and apparatus for interactive multimedia entertainment". It filed a complaint in the U.S. District Court (DNev) against Sony Computer Entertainment America LLC, Electronic Arts, Inc., Harmonix Music Systems, Inc., and Viacom Inc. alleging patent infringement. Defendants asserted the defense of inequitable conduct during prosecution of the patent.

The District Court found that the named inventor and his attorney withheld from the USPTO three material references and information about USPTO rejections in two related prosecutions. The District Court held the patent unenforceable for inequitable conduct.

The Court of Appeals reversed because the District Court made no finding, and there was no evidence in the record demonstrating, that the patent applicant or prosecutor had made a deliberate decision to withhold prior art references from the USPTO.

In Therasense, the Court of Appeals reversed the District Court's finding of inequitable conduct "Because the district court did not find intent to deceive under the knowing and deliberate standard set forth in this opinion". The Court of Appeals explained that "specific intent to deceive" the USPTO is required, and that gross negligence or negligence under a should have known standard does not satisfy this intent requirement.

It wrote that on remand, the District Court "should determine whether there is clear and convincing evidence demonstrating" that the relevant persons knew of certain European Patent Office (EPO) briefs, "knew of their materiality, and made the conscious decision not to disclose them in order to deceive the PTO."

This case is Sony Computer Entertainment v. 1st Media, LLC, Supreme Court of the U.S., Sup. Ct. No. 12-1086, on petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2010-1435. The Court of Appeals heard an appeal from the U.S. District Court of the District of Nevada, D.C. No. 07-CV-1589. See also, Supreme Court's docket.

Supreme Court Denies Certiorari in Patent Reexamination Case

10/7. The Supreme Court denied certiorari in Finjan v. USPTO. This lets stand the decision of the Court of Appeals affirming the USPTO's rejection upon re-examination of all claims in an anti-virus patent. See, October 7 Orders List [94 pages in PDF] at page 11.

Finjan is the assignee of U.S. Patent No. 6,167,520 titled "System and method for protecting a client during runtime from hostile downloadables", issued on December 26, 2000.

In 2007, the U.S. Patent and Trademark Office (USPTO) granted a request for ex parte reexamination. In 2009, the examiner rejected all claims as anticipated by the book [Amazon] titled "Rx PC: The Anti-Virus Handbook", written by Janet Endrijonas, and published in 1993. The examiner concluded that the antivirus program described in Endrijonas included the same elements as the claimed invention.

Finjan appealed the examiner's rejection to the Board of Patent Appeals and Interferences (BPAI). In 2011, the Board affirmed the examiner's rejection. In 2013, the U.S. Court of Appeals (FedCir) affirmed. See, January 11, 2013 per curiam judgment of the Court of Appeals, affirming, without opinion.

(The America Invents Act, which was enacted in 2011, renamed the BPAI the Patent Trial and Appeal Board (PTAB).)

See also, Solicitor General's brief, and Supreme Court's docket. This case is Sup. Ct. No. 12-1245 and App. Ct. No. 2011-1542.

Supreme Court Denies Certiorari in Case Involving Rule 11 Sanctions and Fee Shifting in Patent Cases

10/7. The Supreme Court denied certiorari in Raylon v. Complus Data Innovations, a patent infringement case involving the issue of awarding Rule 11 sanctions, and Section 285 costs and attorneys fees, in patent cases. See, October 7 Orders List [94 pages in PDF] at page 13.

This lets stand the December 7, 2012 opinion [33 pages in PDF] of the U.S. Court of Appeals (FedCir) which overturned the District Court's denial of sanctions and costs and attorneys fees.

By denying certiorari, the Supreme Court passed up an opportunity to address disincentives to asserting, filing, and pursuing meritless patent infringement actions.

However, there are numerous bills pending in the Congress that would provide, among other things, for shifting of costs and attorneys fees, and for the posting of bonds, in some patent cases. See, story titled "Summary of Pending Patent Reform Bills" in TLJ Daily E-Mail Alert No. 2,592, August 29, 2013.

There are also pending bills that would deter frivolous claims and defenses in litigation generally. See, for example, HR 2655 [LOC | WW], the "Lawsuit Abuse Reduction Act of 2013", and story titled "House Judiciary Committee Approves Bill to Provide Greater Sanctions for Frivolous Complaints and Defenses" in TLJ Daily E-Mail Alert No. 2,599, September 11, 2013.

The patent in suit pertains to a hand held device that enables law enforcement agencies to issue tickets. The defendants are all software integrators and ticket writing device manufacturers. Raylon filed complaints in the U.S. District Court (EDTex) alleging infringement of the same patent against Complus Data Innovations, Inc., Casio America, Inc. and Casio Computer Co., Ltd., Symbol Technologies, Inc., and others. The District Court consolidated the cases.

The District Court construed the claims in the patent, and granted summary judgment of non-infringement to all defendants.

Defendants moved for sanctions under Rule 11 of the Federal Rules of Civil Procedure (FRCP), and costs and attorneys fees under 35 U.S.C. § 285, which the District Court denied.

Rule 11(b) provides, in part, that "By presenting to the court a pleading, written motion, or other paper -- whether by signing, filing, submitting, or later advocating it -- an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances".

Rule 11(c) provides, in part, that "If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee."

Section 285, of the Patent Act, provides in full that "The court in exceptional cases may award reasonable attorney fees to the prevailing party."

The Court of Appeals determined that Rayon's claim constructions were objectively unreasonable and that Raylon had made "multiple frivolous arguments" to the District Court.

It reversed the District Court's denial of Rule 11 sanctions, and remanded to the District Court to determine the proper sanction. It vacated and remanded the denial of costs and attorneys fees, on the grounds that the District Court had relied upon its Rule 11 analysis, which the Court of Appeals rejected.

While the Court of Appeals sent the case back to the District Court, it wrote little regarding what sanctions should be imposed. It did write that they may be set at a level sufficient to deter repetition of such conduct or comparable conduct by others similarly situated.

This case is Raylon, LLC v. Complus Data Innovations, Supreme Court of the U.S., Sup. Ct. No. 12-1354, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 2011-1355, 2011-1356, 2011-1357, 2011-1358, and 2011-1359. The Court of Appeals heard appeals from the U.S. District Court for the Eastern District of Texas, D.C. Nos. 09-CV-0355, 09-CV-0356, and 09-CV-0357. See also, Supreme Court's docket.

Supreme Court Ends Hartman's Claim to Have Invented the Internet

10/7. The Supreme Court denied the motion of the petitioner for leave to proceed in forma pauperis in Dorothy Hartman v. USPTO. See, October 7 Orders List [94 pages in PDF] at page 9. This puts to rest Hartman's broad claim to have invented the internet.

Hartman applied to the U.S. Patent and Trademark Office (USPTO) for a business method patent in 2004. She replaced its claims in 2011. The USPTO rejected all of her claims for indefiniteness. The Patent Trial and Appeal Board (PTAB) affirmed in 2012. The U.S. Court of Appeals (FedCir) affirmed in 2013.

The Court of Appeals wrote in its March 8, 2013 opinion [5 pages in PDF] that "In essence, Hartman claimed to have invented the Internet." But, she failed in many claims to "recite any specific steps". In other claims, she recited steps that "are similar to those taken by users of prior-art online databases". Hence, all of her claims fail for indefiniteness.

See also, Supreme Court's docket. This case is Sup. Ct. No. 12-10884, and App. Ct. No. 2013-1070.

Supreme Court Denies Certiorari in Challenge to the AIA's False Marking Amendments

10/7. The Supreme Court denied certiorari in Public Patent Foundation v. McNeil PPC, a challenge to the Constitutionality of the provisions of the America Invents Act (AAI) that amended 35 U.S.C. § 292 to limit patent false marking cases. See, October 7 Orders List [94 pages in PDF] at page 84.

This lets stand the May 3, 2013 summary order of the U.S. Court of Appeals (FedCir), which affirmed the judgment of the U.S. District Court (SDNY), which upheld the Constitutionality of the statutory changes made by the Congress in 2011.

The Public Patent Foundation (PPF) is associated with the Cardozo Law School in New York City. It filed a complaint in the District Court alleging false marking in 2009. The Congress then amended the statute, with retroactive application, to eliminate standing in false marking cases for third parties that have not suffered a competitive injury as a result of the false marking.

The PPF advanced very tenuous arguments that the statute is unconstitutional under the due process and intellectual property clauses. The District Court rejected these arguments, and dismissed. The Court of Appeals affirmed.

This case is Public Patent Foundation v. McNeil PPC, Inc., et al., Supreme Court of the U.S., Sup. Ct. No. 13-16, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2012-1274. The Court of Appeals heard an appeal from the U.S. District Court for the Southern District of New York, D.C. No. 09-CV-5471. See also, Supreme Court's docket.

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In This Issue
The Supreme Court has returned from its summer recess. It issued two long orders lists on October 7 and 15. This issue contains the following items that begin to summarize the technology related orders:
 • Supreme Court Denies Certiorari in Sony Computer Entertainment v. 1st Media
 • Supreme Court Denies Certiorari in Patent Reexamination Case
 • Supreme Court Denies Certiorari in Case Involving Rule 11 Sanctions and Fee Shifting in Patent Cases
 • Supreme Court Ends Hartman's Claim to Have Invented the Internet
 • Supreme Court Denies Certiorari in Challenge to the AIA's False Marking Amendments
Washington Tech Calendar
New items are highlighted in red.
Wednesday, October 16

The House will meet at 10:00 AM. See, Rep. Cantor's schedule.

The Senate will meet at 12:00 NOON.

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.

Thursday, October 17

8:30 AM - 12:30 PM PT (5:30 - 9:30 AM ET). The U.S. Patent and Trademark Office (USPTO) 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.

1:00 PM. The US Telecom will host a webcast presentation titled "Network Function Virtualization & Revenue Generating Services". The speaker will be Bruce McDougall (Cisco). Free. Open to the public. See, notice.

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.

CANCELLED. 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.

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 - 8:00 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).

Friday, October 18

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

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking [94 pages in PDF] regarding the provision and marketing of Internet Protocol Captioned Telephone Service (IP CTS). The FCC adopted and released this item on August 26, 2013. It is FCC 13-118 in CG Docket Nos. 13-24 and 03-123. See, notice in the Federal Register, Vol. 78, No. 170, September 3, 2013, at Pages 54201-54209.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding the proposed self regulatory guidelines submitted to the FTC by Samet Privacy, LLC, operator of the kidSAFE Seal Program, pursuant to the safe harbor provision of the FTC's rules that implement the Children's Online Privacy Protection Act (COPPA). See, Samet's August 15, 2013 filing [38 pages in PDF, redacted] titled "kidSAFE Seal Program’s Application for COPPA Safe Harbor Approval". See, FTC release and notice in the Federal Register, Vol. 78, No. 181, September 18, 2013, at Pages 57319-57320.

Deadline to submit comments to the National Institutes of Health (NIH) in response to its request for comments regarding its plans to create, and provide access to, a national database of genomic information. See, notice in the Federal Register, Vol.78, No. 183, September 20, 2013, at Pages 57860-57865. The FR notice does not set a comment deadline. Rather, it states that comments are due "60 days after publication of this notice".

Monday, October 21

9:00 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold one in a series of meetings to review and edit its 2013 annual report to the Congress. Open to the public. See, notice in the Federal Register, Vol. 78, No. 151, August 6, 2013, at Pages 47829-47830. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

5:30 - 7:00 PM. The Institute for Policy Innovation (IPI) will host a reception in advance of its October 22 event titled "5th Annual Communications Summit". Free. Open to the public. See, notice and registration page. For more information, contact Erin Humiston at erin at ipi dot org or 972-874-5139. Location: Room 121, Cannon Building.

Tuesday, October 22

9:00 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold one in a series of meetings to review and edit its 2013 annual report to the Congress. Open to the public. See, notice in the Federal Register, Vol. 78, No. 151, August 6, 2013, at Pages 47829-47830. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

9:30 AM - 1:00 PM. The Institute for Policy Innovation (IPI) will host an event titled "5th Annual Communications Summit". There will be a panel on spectrum policy, with speakers John Hane (Pillsbury Winthrop), Bret Swanson (Entropy Economics), and Tom Giovanetti (IPI). There will be a panel titled "Progress and Obstacles in mHealth Policy", with speakers Merrill Matthews (IPI) and others. There will be a panel on the Internet Tax Fairness Act, with speakers Annabelle Canning (Capitol Tax Partners), Jot Carpenter (CTIA), and Bartlett Cleland (Madery Bridge). There will be a panel titled "Successes and Challenges for the Connected Home", with speakers Kyle Dixon (Time Warner), David Don (Comcast), and Bartlett Cleland. Free. Open to the public. Lunch will be served. See, notice and registration page. For more information, contact Erin Humiston at erin at ipi dot org or 972-874-5139. Location: Reserve Officers Building, 5th Floor, 1 Constitution Ave., NE.

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "open meeting". The tentative agenda includes adoption of a R&O and FNPRM on rural call completion, a R&O on interoperability in the lower 700 MHz band, and a R&O with rules for the 700 MHz spectrum licensed to the First Responder Network Authority. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host an event. The speakers will be Jose Albuquerque (Chief of the FCC's International Bureau's Satellite Division) and other FCC staff. Free. No webcast. No CLE credits. The FCBA states that this is an event of its International Telecommunications Committee. Location:__.

1:00 - 4:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration' (NTIA) Commerce Spectrum Management Advisory Committee (CSMAC) will meet. The agenda includes enforcement, transitional sharing, general occupancy, measurements and quantification of federal spectrum use, spectrum management via databases, federal access to non-federal bands, and spectrum sharing cost recovery alternatives. See, notice in the Federal Register, Vol. 78, No. 181, September 18, 2013, at Pages 57370-57371. Location: DOC, Room 4830, 1401 Constitution Ave., NW.

10/22. 4:00 - 5:30 PM. The DC Bar Association will host a panel discussion titled "Complying with Antitrust Enforcement Orders, Decrees and Agreements". The speakers will be Carrie Anderson (Weil Gotshal & Manges), Daniel Ducore (FTC's BOC's Assistant Director of Compliance), Robert Kramer (General Counsel of the DOJ's Antitrust Division), and Robert Hauberg (Baker Donelson). The price to attend ranges from free to $25. No CLE credits. No webcast. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: Baker Donelson, Suite 900, 920 Massachusetts Ave., NW. (Enter at 901 K St., NW.)

11:59 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its National Trade Estimate Report on Foreign Trade Barriers (NTE). See, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50481-50482.

Wednesday, October 23

8:30 - 10:00 AM. The New America Foundation (NAF) and Time Warner Cable (TWC) will host a panel discussion of the paper [28 pages in PDF] titled "Solving the Spectrum Crunch: Unlicensed Spectrum on a High Fiber Diet". The speakers will be the author Michael Calabrese (NAF), and Rob Alderfer (Cable Labs), Mike Roudi (TWC), and Fernando Laguarda (TWC). Free. Open to the public. Breakfast will be served. See, notice. Location: National Cable & Telecommunications Association, 25 Massachusetts Ave., NW.

9:00 - 10:00 AM. The Center for Strategic and International Studies (CSIS) will host a panel discussion titled "Cybersecurity". The speakers will be Rep. Mike Rogers (R-MI), Michael Chertoff (Chertoff Group), James Lewis (CSIS), and Jim Pawlenty (Financial Services Roundatable). Free. Open to the public. The deadline to register is October 22. Register by emailing techpolicy at csis dot org. See, notice. Location: CSIS, 212-C Concourse Level, 1616 Rhode Island Ave., NW.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT) will hold a hearing titled "The Evolution of Wired Communications Networks". The witnesses will be __. See, notice. Location: Room 2123, Rayburn Building.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host an on site and teleconferenced panel discussion titled "Advertising, Consumer Protection, & Privacy Law: An Emerging Practice with Exciting Career Opportunities". The speakers will be David Conway (Venable), Andi Arias (FTC's Division of Privacy & Identity Protection), Donnelly McDowell (Kelley Drye), Ella Krainsky (FTC's Division of Advertising Practices), and Mona Thakkar (Volkswagen Group). Free. No CLE credits. See, notice. Location: George Washington University Law School, Lisner Hall, Room 201, 2023 G St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [14 pages in PDF] (DA 13-1969 in EB Docket No. 04-296) regarding equipment and operational issues identified following the first test of the Emergency Alert System (EAS) on November 9, 2011.

Thursday, October 24

8:00 AM - 6:00 PM. Day one of a two day event hosted by the Department of Homeland Security's (DHS) Customs and Border Protection (CBP) titled "CBP 2013 East Coast Trade Symposium". The CBP, among other missions, seizes products imported into the U.S. in violation of intellectual property rights, or that are circumvention devices. In addition, the DHS's Immigration and Customs Enforcement (ICE) is involved in the seizure of domain names of commercial web sites that traffick in infringing, counterfeit and illegal products. The agenda includes discussion of CBP's role in international trade initiatives and partnerships. See, notice in the Federal Register, Vol. 78, No. 181, September 18, 2013, at Page 57408. Location: Washington Hilton Hotel, Room Columbia 5-12, 1919 Connecticut Ave., NW.

9:30 AM - 5:15 PM. The DC Bar Association will host an event titled "IP Basic Training: Patents, Trademarks, and Copyrights". The first part at 9:30 - 11:45 AM is titled "Patent Basics". The second part at 12:30 - 2:45 PM is titled "Trademark Basics". The third part at 3:00 - 5:15 PM is titled "Copyright Basics". One can register for all or parts of this event. The speakers will be Patrick Coyne (Finnegan Henderson), Joanne Ludovici (McDermott Will & Emery), and Laura Possessky (Gura & Possessky). Prices vary. CLE credits. No webcast. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

11:45 AM - 2:15 PM. The Free State Foundation (FSF) will host an event titled "A New FCC or the Same Old, Same Old?". The speakers will include James Assey (NCTA), William Kovacic (George Washington University law school), Robert Quinn (AT&T), James Speta (Northwestern University law school) and Randolph May (FSF). Lunch will be served. Free. See, notice. Location: National Press Club, 529 14th St., NW.

1:00 - 2:00 PM ET. (12:00 NOON - 1:00 PM CT.) The American Bar Association (ABA) will host an on site and teleconferenced panel discussion titled "Advertising, Consumer Protection, & Privacy Law: An Emerging Practice with Exciting Career Opportunities". The speakers will be Jenna Johnston (Tyson Foods), and Leon Bechet, Rebecca Davis, Bob Newell, and Dan Rice (all of Wal-Mart Stores). Free. No CLE credits. See, notice. Location: Ball Courtroom, Waterman Hall, University of Arkansas School of Law, Fayetteville, Arkansas.