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Thursday, October 17, 2013, Alert No. 2,613.
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Republicans Query DHHS Regarding IT Failures in ObamaCare's FFM

10/10. Fifteen Republican members of the House Commerce Committee (HCC) sent a letter to Kathleen Sebelius, Secretary of Health and Human Services, regarding information technology (IT) failures that have "prevented consumers from completing the enrollment tasks" required by the regulatory regime often referred to as "ObamaCare".

In addition, the HCC announced that it will hold a hearing on the subject on Thursday, October 24, at 9:00 AM. This hearing is titled "PPACA Implementation Failures: Didn't Know or Didn't Disclose?". See, notice.

They wrote that the cause of these problems "is not yet clear", but may be "due to inadequate server capacity or poor software coding and system architecture" in the "federally facilitated marketplace", or FFM.

Hence, they propound three interrogatories, to be answered in writing by October 16, 2013. They ask, for example, "what is causing the nationwide failures", and what "changes or fixes" have been performed or recommended?

The letter also includes a request for production of documents, to be answered by October 23, 2013. They request any "analyses or memoranda ... discussing or analyzing the failures".

The HCC Republicans also sent a similar letter to contractor Quality Software Services, Inc. (QSSI), and a similar letter to contractor CGI. These letters also request "all communications, including e-mail" between QSSI and HHS, and between CGI and HHS, regarding the FFM.

See also, HCC's October 10 release, and October 11 release.

ITIF Releases Report on US EU TTIP Negotiations

10/10. The Information Technology and Innovation Foundation (ITIF) released a report [34 pages PDF] titled "How to Craft an Innovation Maximizing T-TIP Agreement". The authors are the ITIF's Michelle Wein and Stephen Ezell.

It states that the ongoing negotiations between the US and European Union (EU) for trade a agreement titled "Transatlantic Trade and Investment Partnership", or "TTIP", "should be designed to maximize technological innovation in the two regions".

"Ideally, the T-TIP would eliminate all tariffs and non-tariff barriers to trade. However, realistically, both the European Union and the United States are going to make tradeoffs, and it is important to make these tradeoffs in a manner that promotes innovation-based trade as a fundamental driver of global growth."

This report states that innovation based industries include information and communication technology (ICT), life sciences, aerospace, and clean energy.

The report makes numerous more specific recommendations.

Some of these recommendations are incompatible with political circumstances and declarations made by the EU. For example, Karel De Gucht, the European Trade Commissioner, gave a speech in Prague, Czech Republic on the TTIP negotiations in which 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". Nevertheless, the ITIF wants the TTIP to create "science-based regulatory regimes in the pharmaceutical, automotive and agricultural sectors".

The ITIF recommends that the TTIP agreement "Eliminate all tariffs in trade on innovation industries", and "Liberalize trade in innovative services, especially telecommunication services and audiovisual services".

The ITIF also recommends that the TTIP agreement "Prohibit the use of data center localization as a condition of market access" and "Honor existing international data flow agreements, such as the Safe Harbor".

The report recommends that the agreement "prevent restrictions on the import and use of commercial encryption technologies".

The report also recommends that the agreement "Adopt a common definition for trade secrets: any information that has economic value (actual or potential), is not generally known to the public, and for which the trade secret owner has taken reasonable measures to keep private". (Parentheses in original.)

The report also recommends that the agreement "Establish a bilateral R&D participation model in order to coordinate cross-border pre-competitive research partnerships" and "Allow companies participating in pre-competitive research to freely transfer ownership and access rights for foundational IP to affiliates across and between the European Union and the United States."

The report also recommends lowing barriers to foreign direct investment, ending government production subsidies (especially in aerospace), and provide 12 years of data exclusivity for biopharmaceutical products.

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.

Supreme Court Declines Case Involving Domestic Industry Requirement of Section 337

10/15. The Supreme Court denied certiorari in Nokia v. USITC, a Section 337 exclusion case involving wireless phones. See, October 15 Orders List [15 pages in PDF] at page 13.

This lets stand the August 1, 2012 opinion [35 pages in PDF] and January 10, 2013 opinion [49 pages in PDF] of the U.S. Court of Appeals (FedCir). The Court of Appeals held that the domestic industry requirement of Section 337 does not require domestic manufacture, and that mere licensing may suffice. Had the Supreme Court granted certiorari, and reversed, this would have reduced the volume of patent cases filed with the U.S. International Trade Commission (USITC) by patent assertion entities.

InterDigital filed a complaint with the USITC alleging that Nokia violated 19 U.S.C. 1337 by importing into the US phones that infringe its U.S. Patent Nos. 7,190,966 and 7,286,847, both of which are titled "Method and Apparatus for Performing an Access Procedure". InterDigital sought an exclusion order blocking imports of certain Nokia phones.

The USITC found the patents were not infringed. InterDigital appealed to the Court of Appeals. The three judge panel issued its divided opinion on August 1, 2012. It held that the USITC erred in construing certain critical claim terms in both patents, reversed the USITC's order finding no infringement, and remanded.

That August opinion focused on the issue of infringement. Only four pages addressed the domestic industry requirement. The Court of Appeals held that InterDigital satisfied the domestic industry requirement. It held that patent licensing alone can constitute a domestic industry.

Nokia petitioned for rehearing, which was denied on January 10, 2013. The three judge panel also issued a second opinion on January 10, focusing on Nokia's domestic industry argument.

Subsection 1337(a)(1) provides that it is unlawful, among other things, to import into the US articles that infringe a valid and enforceable U.S. patent.

But then, subsection 1337(a)(2) provides that this exclusion applies "only if an industry in the United States, relating to the articles protected by the patent, copyright, trademark, mask work, or design concerned, exists or is in the process of being established."

Also, subsection 1337(a)(3) provides that "an industry in the United States shall be considered to exist if there is in the United States, with respect to the articles protected by the patent, copyright, trademark, mask work, or design concerned--
  (A) significant investment in plant and equipment;
  (B) significant employment of labor or capital; or
  (C) substantial investment in its exploitation, including engineering, research and development, or licensing."

The Court of Appeals held that "section 337 makes relief available to a party that has a substantial investment in exploitation of a patent through either engineering, research and development, or licensing. It is not necessary that the party manufacture the product that is protected by the patent, and it is not necessary that any other domestic party manufacture the protected article."

The Court of Appeals continued that "As long as the patent covers the article that is the subject of the exclusion proceeding, and as long as the party seeking relief can show that it has a sufficiently substantial investment in the exploitation of the intellectual property to satisfy the domestic industry requirement of the statute, that party is entitled to seek relief under section 337."

Finally, "section 337 protects American industries, including American industries that are built on the exploitation of intellectual property through engineering, research and development, or licensing."

Judge Newman dissented.

Nokia filed a petition for writ of certiorari.

Amicus Briefs. Hewlett Packard (HP) filed an amicus curiae brief [PDF] urging the Supreme Court to grant certiorari.

It decried the proliferation of Section 337 actions brought by patent assertion entities (PAEs), the expanding role of the USITC, and the use these actions as an "end-run around general principles of patent law", such as the Supreme Court's 2006 opinion in eBay v. MercExchange, 547 U.S. 388. See also, story titled "Supreme Court Rules on Availability of Injunctive Relief in Patent Cases" in TLJ Daily E-Mail Alert No. 1,371, May 16, 2006.

HP wrote that the USITC's "growing usurpation of the federal courts' authority over patent disputes warrants this Courts immediate attention. Congress gave the federal courts exclusive jurisdiction over the Patent Act, and the ITC jurisdiction over various trade disputes. Although some overlap between the two is inevitable, the ITC, with the Federal Circuits blessing, has now reached well beyond its statutory role of protecting American industries and jobs from unfair trade practices. Indeed, by eliminating the statutory requirement that a complainant demonstrate a domestic industry tied to ``articles protected by the patent, as opposed to mere licensing alone, the ITC has transformed itself into a general patent enforcement venue for routine disputes that should be heard in a federal court."

ZTE filed an amicus curiae brief in which it too urged the Supreme Court to grant certiorari, and reverse the Court of Appeals.

Samsung filed an amicus curiae brief urging that certiorari be granted. It wrote that "Section 337 was not intended to provide an alternative forum for patent litigation. Instead, it provides an important and powerful trade remedy available only to domestic industries that themselves invest in the use of the intellectual property that is being unfairly used in foreign imports. This limitation on the ITCs authority -- known as the ``domestic industry requirement -- ensures that the agency remains ``fundamentally a trade forum, not an intellectual property forum." (Citations omitted.)

Dell also filed an amicus curiae brief urging that certiorari be granted. It lamented that the USITC "has become the Nations most popular patent forum, based on an improper expansion of its jurisdiction to encompass claims by entities that neither manufacture patented products nor enable others to develop such products but that instead extract license payments from companies using technology developed independently."

Dell continued that "Patent assertion has become a big business. Patent Assertion Entities or ``PAEs are companies that buy patents and assert them against operating companies. Prior to 2006, no ITC investigation had been initiated by a PAE. By 2012, PAEs were responsible for almost half the respondents named in ITC cases." (Footnote omitted.)

This case is Nokia, Inc., et al. v. U.S. International Trade Commission, Supreme Court of the U.S., Sup. Ct. No. 12-1352, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2010-1093. The Court of Appeals heard an appeal from the U.S. International Trade Commission, Inv. No. 337-TA-613. Chief Justice Roberts and Justice Breyer took no part in the consideration or decision of this petition.

See also, story titled "Federal Circuit Rules on Domestic Industry Requirement of Section 337" in TLJ Daily E-Mail Alert No. 2,512, January 20, 2013.

Supreme Court Denies Certiorari in Technology Patents v. T-Mobile

10/7. The Supreme Court denied certiorari in Technology Patents v. T-Mobile UK, a patent case against foreign carriers, domestic carriers and handset makers, and software companies. See, October 7 Orders List [94 pages in PDF] at page 75.

This lets stand the October 17, 2012 opinion of the U.S. Court of Appeals (FedCir). The patent in suit is U.S. Reissue Patent No. RE39870, titled "Global paging system using packet-switched digital data network and remote country designation".

Technology Patents LLC (TPLLC), inventor Aris Mardiossian's company, sued over one hundred companies in the U.S. District Court (DMd) alleging patent infringement. The District Court dismissed the foreign carriers for lack of personal jurisdiction. The District Court construed claims, and then granted summary judgment (SJ) of non-infringement in favor of the domestic carriers, handset makers and software companies.

TPLLC appealed. The Court of Appeals affirmed the claim constructions. It affirmed the SJ of noninfringement as to the domestic carriers. It affirmed that the judgment against the domestic carriers applies equally to the foreign carriers. It affirmed the SJ of noninfringement as to the software companies with respect to some claims, vacated as to others, and remanded.

TPLLC petitioned for writ of certiorari, raising issues regarding jurisdiction and summary judgment.

This case is Technology Patents LLC v. T-Mobile (UK) Ltd., et al., Supreme Court of the U.S., Sup. Ct. No. 12-1292, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2011-1581. The Court of Appeals heard an appeal from the U.S. District Court for the District of Maryland, D.C. No. 07-CV-3012.

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In This Issue
This issue contains the following items:
  Republicans Query DHHS Regarding IT Failures in ObamaCare's FFM
  ITIF Releases Report on US EU TTIP Negotiations
  Supreme Court Declines Case Involving Domestic Industry Requirement of Section 337
  Supreme Court Denies Certiorari in Technology Patents v. T-Mobile
Washington Tech Calendar
New items are highlighted in red.
Friday, October 18

The House will not meet. It will next meet on Tuesday, October 22. See, SConRes 24.

The Senate will not meet. It will next meet on Monday, October 28 at 2:00 PM. See, SConRes 24.

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 Programs 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

The House will not meet. See, SConRes 24.

The Senate will not meet the week of October 21-25. See, SConRes 24.

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.

6:00 - 8:00 PM. The Center for Strategic and International Studies (CSIS) will host a panel discussion titled "Rare Earth Elements: Implications on US-Asia Environmental and Security Issues". The speakers will be Leigh Hendrix (Goldwyn Global Strategies), Marc Humphries (Congressional Research Service), and Michael Mazza (American Enterprise Institute). Register by emailing youngleaderswashington at gmail dot com. See, notice. Location: Johns Hopkins University -- SAIS, Rome Building Auditorium, 1619 Massachusetts Ave., NW.

Tuesday, October 22

The House will meet at 2:00 PM. See, SConRes 24.

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.

POSTPONED. 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.

2:00 - 3:30 PM. The Brookings Institution (BI) will host a panel discussion titled "The Modernization of Health Care through Mobile Technology and Medical Monitoring Devices". The speakers will be Darrell West (BI), Erik Augustson (National Cancer Institute), Iltifat Husain (iMedicalApps.com), and Asif Khan (Caremerge). Free. Open to the public. Webcast. See, notice. Location: BI, 1775 Massachusetts Ave.,  NW.

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.

TIME CHANGE. 9:00 8:30 - 10:00 AM. The Center for Strategic and International Studies (CSIS) will host an on site and webcast 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. Registration to attend on site has closed. The deadline to register is October 22. Register by emailing techpolicy at csis dot org. Webcast. See, notice. Location: CSIS, 212-C Concourse Level, 1616 Rhode Island Ave., NW.

10:00 - 11:30 AM. The Brookings Institution (BI) will host a panel discussion titled "Strengthening Legal and Technological Frameworks to Grow Civic Participation and Public Engagement". The speakers will be Darrell West (BI), Matt Leighninger (Deliberative Democracy Consortium), Lisa Bingham (Indiana University), Mike Huggins (Public Collaboration Associates), and Kevin Curry (Code for America). Free. Open to the public. Webcast. See, notice. Location: BI, 1775 Massachusetts 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.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on pending nominees: John Owens (to be a Judge of the U.S. Court of Appeals (9thCir)), Matthew Leitman (USDC/EDMich), Judith Levy (USDC/EDMich), Laurie Michelson (USDC/EDMich), Linda Parker (USDC/EDMich), and Peter Kadzik (Assistant Attorney General in charge of the Office of Legislative Affairs). Webcast. See, notice. Location: Room 226, Dirksen Building.

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.

8:45 - 11:30 AM. The American Enterprise Institute (AEI) will host an event titled "Innovators versus litigators: Chairman Bob Goodlatte on the need for patent reform". Rep. Bob Goodlatte (R-VA), Chairman of the House Judiciary Committee (HCC), will speak at 9:00 AM. The other speakers will include Jeffrey Eisenach, Michael Beckerman (Internet Association), Jim Bessen (Boston University School of Law), Kevin Rhodes (3M), and Claude Barfield (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St.,  NW.

9:00 AM. The House Commerce Committee (HCC) will hold a hearing titled "PPACA Implementation Failures: Didn't Know or Didn't Disclose?". See also, story titled "Republicans Query DHHS Regarding IT Failures in ObamaCare's FFM" in TLJ Daily E-Mail Alert No. 2.613, October 17, 2013. The witnesses will be __. Webcast. See, notice. Location: Room 2123, Rayburn Building.

9:00 AM. The House Homeland Security Committee (HHSC) will meet to mark up several bills, including HR 3107 [LOC | WW], the "Homeland Security Cybersecurity Boots on the Ground Act", and HR 2952 [LOC | WW], the "Critical Infrastructure Research and Development Advancement Act of 2013". Webcast. See, notice. Location: Room 311, Rayburn Building.

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.

10:00 AM. The House Intelligence Committee (HIC) will hold a hearing titled "NSA Programs". The witnesses will be __. See, notice. Location: Room 2167, Rayburn Building.

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.

12:30 - 4:30 PM. The The Center for Strategic and International Studies (CSIS) will host an event titled "Abenomics: Still on Target?". The speakers will include Kenichiro Sasae (Ambassador of Japan to the United States). The other speakers will include Matthew Goodman (CSIS), Jun Saito (Special Advisor, Cabinet Office of Japan), Akinari Horii (Canon Institute for Global Studies), Arthur Alexander (Georgetown University), Robert Dohner (Deputy Assistant Secretary for Asia, Department of the Treasury), Kanji Yamanouchi (Minister for Economic Affairs, Embassy of Japan), Michael Green (CSIS), Kazuhito Yamashita (Canon Institute for Global Studies), Richard Katz (The Oriental Economist Report), Laurence Bates (American Chamber of Commerce in Japan), and Matthew Goodman (CSIS).See, notice. Location: CSIS, 9th Floor Board Room, 1616 Rhode Island Ave., 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.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade will hold a hearing titled "The FTC at 100: Where Do We Go From Here". The witnesses will be __. Webcast. See, notice. Location: Room 2123, Rayburn Building.

Friday, October 25

8:30 AM - 1:00 PM. Day two 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". 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.

8:30 - 10:30 AM. The Technology Policy Institute (TPI) will host an event titled "Patent Reform 2.0: Will Proposed Reforms Address the Patent Troll Problems?". The speakers will include Peter Detkin (Intellectual Ventures), John Duffy (University of Virginia School of Law), Matt Levy (Computer and Communications Industry Association), Tom Lenard (TPI), and __. Breakfast will be served. See, notice and registration page. Location: City Club, 555 13th St., NW.

12:00 NOON - 1:00 PM. The Net Caucus will host a panel discussion titled "The NSA Internet Surveillance System: Who Has Oversight and How Transparent is the Program?". The speakers will be __. Free. Open to the public. Box lunches will be served. See, notice. Location: Room 2226, Rayburn Building.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Am I Competent? The Ethical Use of Evolving Technologies". The speakers will address acting competently when using new technologies, such as social media, smartphones and cloud computing services. The speakers will be Daniel Crothers (Justice of the Supreme Court of North Dakota), Andrew Perlman (Suffolk Law School), and Ellyn Rosen (ABA). Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "IP for Non-IP Attorneys: Highlights from the IP Deskbook for Business Lawyers". The speakers will be Jonathan Rubens (Javid Rubens) and Sharon Sandeen (Hamline University School of Law). Prices vary. CLE credits. See, notice.

11:59 PM. Deadline to submit comments to the Privacy and Civil Liberties Oversight Board (PCLOB) in connection with its October 4, 2013 hearing regarding surveillance programs conducted pursuant Section 215 of the USA PATRIOT Act and Section 702 of Foreign Intelligence Surveillance Act (FISA). 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.

EXTENDED FROM OCTOBER 11. Extended 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, 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.