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Monday, February 24, 2014, Alert No. 2,629.
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FCC Proposes Changes to Location Surveillance Rules

2/21. The Federal Communications Commission (FCC) adopted and released a huge Further Notice of Proposed Rulemaking (NPRM) that would mandate that wireless service providers develop and deploy technology with more precise capability for detecting the location of wireless devices.

The FNPRM and the statements of all five Commissioners state that the purpose of these proposed rules changes is to enable first responders to more precisely know the location from which wireless emergency calls are made, particularly from inside of buildings. For the first time, the FCC proposes to mandate the providing of vertical position information, such as from which floor of a high rise building a call is made.

This FNPRM titles this matter "Wireless E911 Location Accuracy Requirements". This 95 page document does not reference the significance of this regulatory regime for surveillance by law enforcement and intelligence agencies. Also, while this FNPRM notes that location surveillance technologies that are now deployed to facilitate commercial services might also be leveraged for this regulatory regime, it does not discuss how regulatory mandates may further the business models of some companies.

Phone location detection was not a matter for FCC regulation before the advent of cell phones and more advanced wireless devices. Calls were land line, and therefore had a fixed location, which phone the companies knew from account information. Detecting location within large buildings was not a regulatory issue. However, it is now.

The FCC began its location detection regulatory regime in 1996 with rules for cell phone service providers. The regulations use the term Commercial Mobile Radio Service (CMRS) providers. Over time the FCC has imposed more stringent requirements.

The FCC's procedure -- and this FNPRM is not an exception -- has been to impose mandates for which no technology exists that could enable compliance, and set short draconian deadlines. This forces the wireless industry companies to invent their way towards compliance, while periodically begging the FCC for extensions of time and waivers, and dodging enforcement actions.

This FNPRM proposes that the FCC adopt rules changes that would require that CMRS providers "must provide to the designated Public Safety Answering Point the location of 911 wireless calls, based on indoor measurements, within 50 meters (by longitude and latitude) no later than two years from [the effective date of the adoption of this rule], and, within 3 meters (vertical height) no later than three years from [the effective date of the adoption of this rule], for 67 percent of all such calls. No later than five years from the [effective date of the adoption of this rule], CMRS providers must comply with the 50 meter (by longitude and latitude) accuracy requirement and the 3 meter (vertical height) accuracy requirement, for 80 percent of all such calls." (Parentheses and brackets in original.)

The proposed rules changes include no mandates to employ particular technologies. However, the FNPRM asks numerous questions about different possible technological approaches, including leveraging data from Wi-Fi and Bluetooth networks.

This FNPRM states that "Consumers are increasingly replacing traditional landline telephony with wireless phones, and a majority of wireless calls are now made indoors. This increase in wireless usage is reflected in how Americans call for help when they need it: today, the majority of 911 calls come from wireless phones. In light of these circumstances, it is increasingly important for Public Safety Answering Points (PSAPs) to have the ability to accurately identify the location of wireless 911 callers regardless of whether the caller is located indoors or outdoors."

Ajit PaiCommissioner Ajit Pai (at right) wrote in his statement that "there is tremendous value in transmitting accurate location data to emergency responders whenever someone dials 911. By knowing the location of someone in need, 911 dispatchers can send first responders immediately to the scene. Without it, police officers, firefighters, and emergency medical technicians may spend precious seconds, minutes, or even hours searching for a caller. And that is true whether a call is made indoors or outside."

However, Pai also wrote that "I am skeptical that the timeframes proposed in today’s item are realistic". His fellow Republican Commissioner, Michael O'Reilly, wrote in his statement that "we should avoid imposing location accuracy rules that are too far ahead of available technology. Aspirational goals are laudable, but they cannot be the basis for regulation. Any requirements that develop from this proceeding must be truly feasible as judged by experts operating in the field." O'Reilly added that "The deadlines we impose must also be realistic. I am concerned that the proposed timelines for implementing indoor location accuracy requirements do not meet this objective."

The FCC revised its location surveillance rules in 2010. Recently, the FCC has been prompted by the City of San Francisco (see, one page letter), California Members of Congress, and law enforcement officials to expand its rules. Also, the FCC has been examining this issue.

See also, stories titled "FCC Seeks Comments on Mobile Device Location Surveillance Capabilities" in TLJ Daily E-Mail Alert No. 2,598, September 10, 2013, and "California House Democrats Urge FCC to Amend Phone Location Detection Rules" in TLJ Daily E-Mail Alert No. 2,600, September 12, 2013.

This FNPRM is FCC 14-13 in PS Docket No. 07-114. The FCC adopted it on February 20, 2014, and released it on February 21, 2014. Initial comments are due within 45 days of publication of a notice in the Federal Register. Reply comments are due within 75 days of such publication.

Reaction. AT&T stated in a release that "AT&T fully supports the FCC's goal of improving accuracy in locating ‘911’ wireless callers in both outdoor and indoor locations. Unfortunately, the Commission has tentatively proposed unrealistic targets for location accuracy indoors. Indeed, the recent FCC CSRIC Report shows that no vendor currently has proven technology that can meet the proposed standards. We remain committed to working with the Commission and the public safety community to craft a realistic, effective solution that takes the greatest advantage of existing technology to ensure consumers can rely on ‘911’ no matter where they are or what service they use."

Scot Bergman of the CTIA stated in a release that "we strongly encourage the FCC to consider location accuracy requirements that are grounded in verified data, not aspirational target setting".

Colette Honorable of the National Association of Regulatory Utility Commissioners (NARUC) stated in a release that "This action is an important first step in helping first responders save more lives."

Commercial, Law Enforcement and Intelligence Interests. Wireless companies must have the capability to track the location of a phone to be able to complete a call to that phone. And, the FCC's first set of rules merely required that the companies provide the cell of the 911 caller to the PSAP. However, the FCC later amended its rules to require more precise location data.

The ability to monitor, detect or surveil the location of wireless devices serves the interests of many.

First responders have an interest in having ever more precise location information about persons making emergency calls.

Phone users who do not know their precise location have an interest in emergency responders having access to that information. Many phone users also have an interest using location based services provided via their smart phones. However, many phone users also have interests in not being tracked, stalked or surveiled via their phones.

Businesses already provide a wide range of smart phone based services that rely upon tracking the location of the smart phone. The application developers, phone makers, and service providers make sales because people want to avail themselves of these services. Smart phone privacy settings enable users to control access to location data. Although, some tracking by businesses is surreptitious. Also, these services may also rely upon technologies, such as Wi-Fi and Bluetooth, to provide much more precise data than that now available to PSAPs under the FCC's current regulatory regime.

FCC Chairman Thomas Wheeler related the story in his statement of "a person whose iPad had been stolen -- the location information delivered to the PSAP was off by almost 3 miles, but the information provided using the iPad's location app provided pinpoint accuracy." The FNPRM discloses that the FCC is now eying location data created for these private services, and overriding any privacy settings of the user.

Law enforcement and intelligence agencies have an interest in having ever more precise location information about persons whom they suspect of criminal or terrorist activity. See, story titled "Spiegel Reports that NSA Accesses Location Information and Data Stored on Smartphones" in TLJ Daily E-Mail Alert No. 2,597, August 9, 2013.

Smart phones and wireless networks present law enforcement and intelligence agencies with broad new opportunities for tracking, interception, and other manners of surveillance. These agencies turn to the FCC to impose the rules that compel companies to develop and deploy the technologies that make new methods of surveillance possible.

One can read stacks of FCC documents about its location rules that focus solely on the purpose of providing first responders with more information, and the benefits that this provides to persons in need of assistance. These documents largely ignore the other interested parties, and how this regulatory regime facilitates their pursuit of their goals. These documents also largely ignore how all this might affect persons' interests in liberty and privacy.

Nevertheless, when the FCC regulates location surveillance capabilities, it impacts not only first responders, but also commercial, law enforcement, and intelligence interests.

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In This Issue
This issue contains the following items:
 • FCC Proposes Changes to Location Surveillance Rules
Washington Tech Calendar
New items are highlighted in red.
Monday, February 24

The House will not meet. See, Rep. Cantor's calendar.

The Senate will meet at 2:00 PM.

59th birthday of Steve Jobs.

10:30 AM - 3:30 PM. The Federalist Society will host an event titled "The NSA, Security, Privacy, and Intelligence". Free. See, notice. Location: Jones Day, 51 Louisiana Ave., NW.

12:15 - 130 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property and Young Lawyers Committees will host an event at FTC Commissioner Maureen Ohlhausen will address the impact of the internet on privacy and communications law. Josh Bercu (Wilkinson Barker Knauer) will moderate. Bring your own lunch. Free. Some FCBA events are closed to reporters. Location: Wiley Rein, 1776 K St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Judicial Practice and Video Programming and Distribution Committees will host an event titled "The Courts, the First Amendment, and the Future of Video". CLE credits. Prices vary. Some FCBA events are closed to reporters. See, notice. Location: Wiley Rein, 1776 K St., NW.

Tuesday, February 25

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider numerous items under suspension of the rules, including HR 1123 [LOC | WW], the "Unlocking Consumer Choice and Wireless Competition Act" and HR 1232 [LOC | WW], the "The Federal Information Technology Acquisition Reform Act". Votes will be postponed until 6:30 PM. See, Rep. Cantor's calendar.

RESCHEDULED FROM DECEMBER 19. The Federal Communications Commission (FCC) will hold Auction 902, the Tribal Mobility Fund Phase I support reverse auction. See, FCC's August 7, 2013 Public Notice (DA 13-1672 in AU Docket No. 13-53), notice (DA 13-2014) of suspension of filing window. See also, notice in the Federal Register, Vol. 78, No. 221, November 15, 2013, at Pages 68839-68840.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Larry Klayman v. Mark Zuckerberg and Facebook, App. Ct. No. 13-1017. Klayman alleged assault and negligence in connection with Facebook pages that advocate killing jews. The U.S. District Court (DC) dismissed pursuant the interactive computer service immunity provision codified at 47 U.S.C. § 230. See, opinion. Judges Tatel, Brown and Millett will preside. This case is the third of three on the agenda. Location: USCA Courtroom, Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Gregg Costa (to be a Judge of the U.S. Court of Appeals for the 5th Circuit), Tanya Chutkan (USDC/DC), Hannah Lauck (USDC/EDVa), and Leo Sorokin (USDC/DMass). Webcast. See, notice. Location: Room 226, Dirksen Building.

1:00 - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host one of its series of meetings regarding privacy and facial recognition technology. See, notice in the Federal Register, Vol. 78, No. 235, December 6, 2013, at Pages 73502-73503. Location: American Institute of Architects, 1735 New York Ave., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a hearing on the nominations of John Carlin to be Assistant Attorney General in charge of the Department of Justice's (DOJ) National Security Division, and Francis Taylor to be the Department of Homeland Security's (DHS) Under Secretary for Intelligence and Analysis. Open to the public. See, notice. Location: Room 219, Hart Building.

4:00 - 6:30 PM. The New America Foundation (NAF) will host a panel discussion titled "Surveillance Costs: The NSA's Impact on The Economy, Information Security, and Internet Freedom". The speakers will be Anne-Marie Slaughter (NAF), Daniel Castro (Information Technology and Innovation Foundation), Mieke Eoyang (Third Way), Richard Fontaine (Center for a New American Security), Ross Schulman (Computer and Communications Industry Association), Micah Sherr (Georgetown University), and Kevin Bankston (NAF). Webcast. See, notice. Location: NAF, suite 400, 1899 L St., NW.

Deadline to submit to the U.S. International Trade Commission (USITC) post-hearing briefs and statements following its February 13, 2014 hearing regarding preparation of a report for Congressional committees regarding India's industrial policies that create barriers to U.S. imports and investment. See, notice in the Federal Register, Vol. 78, No. 172, September 5, 2013, at Pages 54677-54678. This proceeding is Investigation No. 332-543.

Wednesday, February 26

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

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a debate titled "Resolved: the Federal Government Should Retain and Expand the Research and Experimentation Tax Credit". The speakers will be Steven Pearlstein (Washington Post), Robert Atkinson (ITIF), and Martin Sullivan (Tax Analysts). Free. Open to the public. See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

10:00 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing titled "An Examination of Competition in the Wireless Market". The witnesses will be Eric Graham (Cellular South), Roslyn Layton (Aalborg University, Denmark), Randal Milch (Verizon Communications), Jonathan Spalter (Mobile Future), Thomas Sugrue (T-Mobile USA), and Matthew Wood (Free Press). Webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Supreme Court (SC) will hear oral argument in Octane Fitness v. Icon Health and Fitness, Sup. Ct. No. 12-1184, a case regarding recovery of attorneys fees in patent litigation under 35 U.S.C. § 285, which provides, in full, the "The court in exceptional cases may award reasonable attorney fees to the prevailing party." The question presented is "Does the Federal Circuit's promulgation of a rigid and exclusive two-part test for determining whether a case is ``exceptional´´ under 35 U.S.C. § 285 improperly appropriate a district court's discretionary authority to award attorney fees to prevailing accused infringers in contravention of statutory intent and this Court's precedent, thereby raising the standard for accused infringers (but not patentees) to recoup fees and encouraging patent plaintiffs to bring spurious patent cases to cause competitive harm or coerce unwarranted settlements from defendants?". See, petitioner's merits brief and respondent's merits brief. See also, October 24, 2012 opinion of the U.S. Court of Appeals (FedCir), App. Ct. No. 2011-1521 and 2011-1636. Location: SC, 1 First St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications Committee will host an event at which David Redl, Majority Counsel for the House Commerce Committee, which address "Cyber Security". Free. Bring your own lunch. Closed to reporters. No CLE credits. Location: Venable, 575 7th St., NW.

1:30 - 2:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and webcast panel discussion titled "State AGs Target IP Piracy to Strengthen Fair Competition Among Manufacturers". The speakers will be Rob McKenna (Orrick), Robert Cooper (Tennessee Attorney General), Scott Pruitt (Attorney General of Oklahoma), Nicole Hale (Albright Stonebridge Group), and Travis LeBlanc. Free. No CLE credits. See, notice. Location: National Association of Manufacturers, 733 10th St., NW.

POSTPONED. 2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a hearing titled "Electromagnetic Pulse (EMP) Threat to Critical Infrastructure". See, notice. Location: Room 311, Cannon Building.

3:00 - 4:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Realizing the Promise of Telehealth". The speakers will be Rep. Bill Johnson (R-OH), Rep. Doris Matsui (D-CA), William Dube (ITIF), Daniel Castro (ITIF), Krista Drobac (DLA Piper), and Kofi Jones (America Well). See, notice. Location: Room 334, Cannon Building.

4:00 PM. The House Judiciary Committee (HJC) will hold a hearing on HR 2992 [LOC | WW], the "Business Activity Tax Simplification Act of 2013". The witnesses will be Pete Vegas (Sage V Foods), Tony Simmons (McIlhenny Company), Joseph Henchman (Tax Foundation), and David Quam (National Governors Association). See, notice. Location: Room 2141, Rayburn Building.

5:30 - 7:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and webcast event titled "The FCC's Acting General Counsel Discusses Competition Policy". The speakers will be Jonathan Sallet and David Turetsky. Prices vary. No CLE credits. Food and drink will be served from 5:00 PM. See, notice. Location: Jones Day, 51 Louisiana Ave.,  NW.

5:30 - 8:30 PM. The DC Bar Association will host an on site and teleconferenced event titled "Consumer Privacy, Data Security, and Cyber Liability". The speakers will be Christina Ayiotis (Georgetown Cyber Law Institute), Jeff Chester (Center for Digital Democracy), Christopher Cwalina (Holland & Knight), David Husband (Electronic Privacy Information Center ), and Tracy Rezvani (Rezvani Volin & Rotbert). The price to attend ranges from $5 to $20. 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: DC Bar Conference Center, 1101 K St., NW.

6:30 - 9:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee and the Women's Bar Association's (WBA) Communications Law Forum will host an event titled "Fourth Annual Mentoring Supper". Prices vary. No CLE credits. Location: Hogan Lovells, 555 13th St., NW.

Thursday, February 27

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

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". HVC-304, Capitol Visitor Center.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. Webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Recycling Electronics: A Common Sense Solution for Enhancing Government Efficiency and Protecting Our Environment". The witnesses will be Walter Alcorn (Consumer Electronics Association), Kevin Kampschroer (General Services Administration), Thomas Day (U.S. Postal Service), Brenda Pulley (Keep America Beautiful), and Stephen Skurnac (Sims Recycling Solutions. See, notice. Location: Room 342, Dirksen Building.

RESCHEDULED FROM FEBRUARY 13. 10:00 AM - 12:00 NOON. The Senate Banking Committee (SBC) will hold a hearing on the Federal Reserve Board's (FRB) "Semiannual Monetary Policy Report to the Congress". The witness will be Janet Yellen (Chairman of the FRB). See, notice. Location: Room 538, Dirksen Building.

10:00 AM - 12:00 NOON. The New America Foundation (NAF) will host a panel discussion on the FCC's e-rate tax and subsidy programs. The speakers will include Kevin Carey (NAF), Reed Hundt, Richard Culatta (Department of Education), Susan Hildreth (Institute of Museum and Library Services), Melanie Huggins (Richland Library, South Carolina), Pam Moran (Albemarle County Public Schools, Virginia), Greta Byrum (NAF), and Sarah Morris (NAF). Webcast. See, notice. Location: NAF, suite 400, 1899 L St., NW.

12:00 NOON - 1:00 PM. The Heritage Foundation (HF) will host an discussion of the book titled "Game Plan: How to Protect Yourself from the Coming Cyber Economic Attack". The speakers will include Kevin Freeman, the author. Webcast. Free. Open to the public. Location: HF, 214 Massachusetts Ave., NE.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and webcast panel discussion titled "Vertical and Complementary Products Merger". The speakers will be Joanna Tsai (FTC), Joshua Wright (FTC Commissioner), Renata Hesse (DOJ Antitrust Division), Steve Salop (Georgetown University Law School), and David Wales (Jones Day). Prices vary. No CLE credits. See, notice. Location: Jones Day, 51 Louisiana Ave.,  NW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host an event titled "FCC's Rural Broadband Experiments and Expressions of Interest Due March 7, 2014". The speaker will be Alexander Minard (FCC's Wireline Competition Bureau's Telecommunications Access Policy Division). Bring your own lunch. The FCBA states that this is an FCBA event. Location: Bingham McCutchen, 11th floor, 2020 K St.,  NW.

1:00 - 5:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics (RTCA) Special Committee 222, Inmarsat AMS(R)S, will meet. See, notice in the Federal Register, Vol. 79, No. 28, February 11, 2014, at Page 8235. Location: Double Tree Annapolis Hotel, 210 Holiday Court, Annapolis, MD.

2:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Local Broadcaster Mergers: Competition and Communications Policy Issues". The speakers will be Arthur Burke (Davis Polk & Wardwell), Franco Castelli (Wachtell Lipton), Ross Leiberman (American Cable Association), Jane Mago (National Association of Broadcasters), and Lauren Wilson (Free Press). Prices vary. No CLE credits. See, notice.

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

Friday, February 28

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's calendar.

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

9:00 AM - 5:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics (RTCA) Special Committee 228, Minimum Operational Performance Standards for Unmanned Aircraft Systems, will meet. See, notice in the Federal Register, Vol. 79, No. 28, February 11, 2014, at Page 8233. Location: RTCA, Suite 910, 1150 18th St., NW.

9:00 - 10:30 AM. The New America Foundation (NAF) will host a discussion of the book [Amazon] titled "It's Complicated: The Social Lives of Networked Teens". The speakers will include Dannah Boyd (the author), Amanda Lenhart (Pew Research Center, and Mary Madden (Pew). Webcast. See, notice. Location: NAF, suite 400, 1899 L St., NW.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade will hold a hearing titled "The FTC at 100: Views from the Academic Experts". The witnesses will be __. See, notice. Location: Room 2123, Rayburn Building.

12:30 - 1:45 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Disgorgement as an Antitrust Remedy in State and Federal Enforcement Action". The speakers will be Dov Rothman (Analysis Group), John Asker (New York University), Geoffrey Oliver (Jones Day), and Eric Stock (NY Office of the Attorney General, Antitrust Bureau). Prices vary. No CLE credits. See, notice.

Deadline for the U.S. International Trade Commission's (USITC) to submit its report to the Office of the U.S. Trade Representative (OUSTR) titled "Trade Barriers That U.S. Small and Medium Sized Enterprises Perceive as Affecting Exports to the European Union". See, notice in the Federal Register, Vol. 78, No. 216, November 7, 2013, at Pages 66950-66951.

Extended deadline for the Office of the U.S. Trade Representative (OUSTR) to complete its Section 301 investigation of government of Ukraine regarding protection of intellectual property rights. See, notice in the Federal Register, Vol. 78, No. 231, December 2, 2013, at Page 72141.

Monday, March 3

The House will meet the week of March 3-7. See, 2014 House calendar.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tellabs Operations v. Fujitsu, App. Ct. No. 13-1226. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in X2Y Attenuators v. USITC, App. Ct. No. 13-1340, an appeal from a determination of the U.S. International Trade Commission (USITC) that Intel and Apple did not infringe X2Y's patents involving microprocessor technology. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Vehicle IP v. AT&T Mobility, App. Ct. No. 13-1380. Panel A+.  Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Align Technology v. USITC, App. Ct. No. 13-1240. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Suffolk Technologies v. AOL, App. Ct. No. 13-1392. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in VirnetX v. Cisco Systems, App. Ct. No. 13-1489. Panel B. Location: Courtroom 402, 717 Madison Place, NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "LinkedIn for Lawyers". Prices vary. No CLE credits. See, notice.