Public Workshop Will Focus on Intersection of Patent, Competition Policy

This posting was written by John W. Arden.

The Federal Trade Commission, Department of Justice, and the Department of Commerce’s U.S. Patent and Trademark Office (USPTO) will hold a joint public workshop on Wednesday, May 26, on the intersection of patent policy and competition policy and its implications for promoting innovation.

In recent years, federal agencies and the courts have recognized that patents and competition share the overall purpose of promoting innovation and enhancing consumer welfare, according to the Commission.

The competitive drive of a dynamic marketplace fosters the introduction of new and improved products and processes, and high-quality patents promote investment in innovation. Delay, uncertainty, or poor patent quality can stifle innovation—as can unclear or inappropriate antitrust standards, said the FTC announcement.

Program Schedule

Opening remarks for the morning session will be delivered by Assistant Attorney General for the Department of Justice Antitrust Division Christine Varney; Under Secretary of Commerce for Intellectual Property and Director of the USPTO David J. Kappos; and U.S. Chief Technology Officer Aneesh Chopra. FTC Commissioner Edith Ramirez will open the afternoon session with introductory remarks.

The program will address (1) The Patent Backlog: The Competitive Challenges for Innovators; (2) Permanent Injunctions in the District Courts and the International Trade Commission; and (3) Standard Setting, Patent Rights, and Competition Policy.

A wrap-up discussion will be lead by Carl Shapiro, Deputy Assistant Attorney General for Economic Analysis at the Department of Justice Antitrust Division; Joseph Farrell, Director of the Bureau of Economics, Federal Trade Commission; and Stuart Graham, Chief Economist for the USPTO.

The all-day workshop will convene at 9 a.m. at the USPTO’s campus at 600 Dulany Street, Madison Building Auditorium, Alexandria, Virginia. Details appear here on the FTC website.

Ramirez, Brill Sworn In as New Federal Trade Commissioners

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.

Edith Ramirez and Julie Brill were sworn in as new Federal Trade Commissioners by FTC Chairman Jon Leibowitz on April 5 and 6, respectively. Ramirez filled an open position on the Commission, and Brill now occupies the vacancy created by the departure of Pamela Jones Harbour. Harbour, whose term ended last September, resigned effective April 6.

Prior to joining the FTC, Ramirez was a partner at Quinn Emanuel Urquhart & Sullivan, LLP in Los Angeles. Before joining Quinn Emanuel, she was an associate at Gibson, Dunn & Crutcher, LLP, in Los Angeles and clerked for the Hon. Alfred T. Goodwin in the U.S. Court of Appeals for the Ninth Circuit. Ramirez’s term will expire on September 25, 2015.

Brill comes to the FTC from the North Carolina Department of Justice, where she served as Senior Deputy Attorney General and Chief of Consumer Protection and Antitrust. Prior to her move to the North Carolina Department of Justice, Brill was an Assistant Attorney General for Consumer Protection and Antitrust for the State of Vermont for over 20 years. Brill’s term will expire on September 25, 2016.

Further information about the swearing in of Commissioner Ramirez appears here on the FTC website. Further information on the swearing in of Commissioner Brill appears here.

A statement from Commissioner Harbour on her resignation appears here.

Senate Confirms Brill and Ramirez as FTC Commissioners

This posting was written by John W. Arden.

Julie Simone Brill and Edith Ramirez were confirmed by the Senate yesterday as Federal Trade Commissioners. Brill will serve a seven-year term, starting from September 26, 2009, while Ramirez will serve a seven-year term, starting from September 26, 2008.

“We look forward to welcoming the newly confirmed Federal Trade Commissioners Julie Brill and Edith Ramirez,” said FTC Chairman Jon Leibowitz. “They are both exceptionally talented and committed, and will bring a wealth of experience, knowledge, and new energy to the Commission.”

The Chairman remarked how the announcement was “bittersweet” because of the imminent departure of Commissioner Pamela Jones Harbour.

“She has been a wonderful colleague and dedicated public servant over the years, and will be greatly missed,” Leibowitz said.

The two new Commissioners were nominated by the Obama Administration on November 17, 2009. Brill was nominated to succeed Commissioner Jones Harbour, whose term expired last September. Ramirez was nominated to serve the vacancy created by the departure of Commissioner Deborah Platt Majoras in March 2008.

Brill has served as Senior Deputy Attorney General and Chief of Consumer Protection for North Carolina since February 2009. Prior to that, she was an Assistant Attorney for Consumer Protection and Antitrust for the State of Vermont for more than 20 years. She is an adjunct faculty member at Columbia Law School.

Ramirez was a partner in the Los Angeles office of Quinn Emanuel Urquhart Oliver & Hedges, specializing in intellectual property and complex litigation. She is a graduate of Harvard Law School, where she worked on the Harvard Law Review with President Obama.

For the first time in nearly two years, the Federal Trade Commission has a full complement of members. The addition of two new Commissioners brings the membership to three Democrats (Commissiioners Leibowitz, Brill, and Ramirez) and two Republicans (Commissioners William Kovacic and J. Thomas Rosch).

Senate Committee Hears from FTC Nominees

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.

The two nominees to serve as commissioners at the Federal Trade Commission testified today before the Senate Commerce, Science and Transportation Committee.

Julie Brill, Senior Deputy Attorney General and Chief of Consumer Protection for North Carolina, and Edith Ramirez, a partner with Quinn Emanuel Urquhart Oliver & Hedges, LLP, told the committee of their accomplishments and their plans if confirmed as commissioners.

The committee also heard from persons nominated for other positions: David L. Strickland (nominated as Administrator of the National Highway Traffic Safety Administration U.S. Department of Transportation), Nicole Y. Lamb-Hale (nominated as the Assistant Secretary for Manufacturing and Services, U.S. Department of Commerce), and Michael A. Khouri (nominated as Commissioner of the Federal Maritime Commission).

Brill, who had served for many years in the Vermont Attorney General’s Office, was proudly introduced by Senator Patrick Leahy of Vermont. Brill said that her top priority, if confirmed as an FTC member, would be “focusing on economic scams that have been so pernicious to consumers during the economic crisis,” such as “get rich quick” scams.

Brill described what she would bring to the Commission as: “passion for aggressively protecting consumers, humility and grace in exercising authority, and the need to carefully balance the interests and concerns of businesses, consumers, and other stakeholders in legislative, regulatory and law enforcement initiatives.”

In light of Brill’s experience with state enforcement, the nominee said that she hoped to build upon the bonds that already exist between the FTC and the state attorneys general. She expressed her belief that the FTC has done a good job in the consumer protection area, especially lately.

In introductory remarks, Committee Chairman John D. Rockefeller, IV (West Virginia) said that Edith Ramirez would bring extensive experience in complex business litigation and that he appreciated her critical eye for mergers and business combinations which may potentially harm consumers.

Ramirez said that she was confident that her experience and background, including her activities in her community, would enable her to bring a fresh perspective to the issues confronting the FTC.

She said that “the Commission’s duty to combat deceptive and unfair business practices and to foster competition has never been greater, particularly in the areas that have the greatest impact on the daily lives of ordinary Americans such as financial services, healthcare, energy, and technology.”

Ramirez said that she would make it a priority to help ordinary Americans understand the role of the FTC and its consumer protection mission.

Two Intended FTC Nominees Announced by White House

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.

Update: Nominations for the two FTC Commissioners were sent to the Senate on November 17. Julie Brill was nominated to serve a seven-year term from September 26, 2009. She would succeed Commissioner Pamela Jones Harbour. Edith Ramirez was nominated for a seven-year term from September 26, 2008, to fill the vacancy created by the departure of Commissioner Deborah Platt Majoras in March 2008 The announcement appears here on the White House website.

The Obama Administration announced on November 16 two candidates to serve as Federal Trade Commissioners.

The President named Julie Brill, Senior Deputy Attorney General and Chief of Consumer Protection for North Carolina, and Edith Ramirez, a partner in the Los Angeles office of Quinn Emanuel Urquhart Oliver & Hedges, LLP. Both are Democrats.

The White House announcement did not specify which potential nominee would fill the vacancy created by the departure of Deborah Platt Majoras in March 2008 and which candidate would replace Commissioner Pamela Jones Harbour, an Independent whose term expired on September 26.

Before joining the North Carolina Department of Justice in February 2009, Brill was an Assistant Attorney General for Consumer Protection and Antitrust for the State of Vermont for over 20 years. Prior to her career in law enforcement, Brill was an associate at Paul, Weiss, Rifkind, Wharton & Garrison in New York and clerked for Vermont Federal District Court Judge Franklin S. Billings Jr. She is an adjunct faculty member at Columbia Law School.

Ramirez is a graduate of Harvard Law School, where she worked on the Harvard Law Review with President Obama. She served as a law clerk to the Honorable Alfred T. Goodwin, U.S. Court of Appeals for the Ninth Circuit. In her current practice, Ramirez specializes in intellectual property and complex litigation matters.

A White House announcement on nominees for the FTC has been expected for weeks. A September 8 posting on Trade Regulation Talk discussed speculation concerning these nominations.

FTC Chairman Jon Leibowitz had commented at Fordham University’s International Antitrust Law Conference on September 24 that it was highly likely that the nominees would be named soon. Chairman Leibowitz went on to say that the Commission was working well despite the absence of a fifth member.

In addition to Leibowitz and Harbour, the two other current members of the Commission are Republicans William E. Kovacic and J. Thomas Rosch. Kovacic’s term expires in September 2011, and Rosch’s term expires one year later.

At the same time as the FTC candidates were named, the White House announced nominees for ambassadors to Nepal and Trinidad and Tobaggo. A nominee for the federal co-chair of the Appalachian Regional Commission was also announced.

“These individuals bring a depth of experience to their respective roles, and I am confident they will serve my administration and the American people well," Presidet Obama said. "I look forward to working with them in the months and years ahead.”

Text of the announcement appears here on the White House website.

Administration Reportedly Considering Two for FTC Vacancies

This posting was written by John W. Arden.

The Obama Administration is considering two candidates for open positions on the Federal Trade Commission, according to a story published by Reuters on September 3.

There has been an open position on the Commission for the last 18 months—since Deborah Platt Majoras resigned in March 2008. The term of Commissioner Pamela Jones Harbour expires this month. She is not expected to be nominated for another term.

The two candidates reportedly under consideration are Julie Brill, Senior Deputy Attorney General and Chief of Consumer Protection for North Carolina, and Edith Ramirez, a partner with Quinn Emanuel Urquhart Oliver & Hedges, LLP, a 400-plus lawyer firm based in Los Angeles.

Brill, a graduate of Princeton University and New York University School of Law, previously served as Assistant Attorney General of the Consumer Protection Division of the Vermont Attorney General’s Office. She has received several honors in her government service, including Privacy International’s 2001 Brandeis Award for work on privacy issues and the 1995 National Association of Attorneys General Marvin Award for leadership in advancing the goals of the organization. Brill is a Lecturer-in-Law at Columbia Law School.

Ramirez is a graduate of Harvard-Radcliffe College and Harvard Law School, where she worked on the Harvard Law Review with President Barack Obama. In her law practice, she has handled a broad range of complex business litigation, including matters involving copyright and trademark infringement, antitrust, and unfair competition. She served in the Obama presidential campaign as Director of Latino Outreach in California.

The Federal Trade Commission is headed by five Commissioners, nominated by the President and confirmed by the Senate, each serving a seven-year term. No more than three Commissioners can be of the same political party. Currently, the Commission is chaired by Democrat Jon Leibowitz. The other members are Commissioner Jones Harbour, an Independent, and Republicans William E. Kovacic and J. Thomas Rosch.

The Reuters story appears here.