• ITC Determines Not To Review Initial Determination Staying Investigation Pending Federal Circuit Appeal in Certain Course Management System Software Products (337-TA-677)
  • August 28, 2009 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On August 24, 2009, the International Trade Commission issued a notice determining not to review the July 24, 2009 Initial Determination (“ID”) of ALJ Theodore R. Essex staying the investigation in Certain Course Management System Software Products (Inv. No. 337-TA-677).

    By way of background, and as explained in our April 22 and June 5 posts, Complainant Blackboard, Inc. accused Respondent Desire2Learn Incorporated of violating Section 337 based on infringement of U.S. Patent No. 6,988,138 (the ‘138 patent).  The ‘138 patent is currently involved in a reexamination proceeding at the U.S. Patent and Trademark Office and an appellate proceeding before the Federal Circuit.

    As explained in our July 27 post, on July 24, 2009, ALJ Essex agreed to stay the investigation pending the resolution of the Federal Circuit appeal but not reexamination.

    According to the August 24 notice, the “Commission has determined not to review the subject ID.”