In the Matter of Certain Course Management System Software Products; Notice of Investigation, 27345-27346 [E9-13381]

Download as PDF Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Notices alternatives development, and the draft plan. If you wish to comment on any issues associated with the plan, you may submit your comments to the planning team by any one of several methods. You may mail comments to Lake Meredith National Recreation Area and Alibates Flint Quarries National Monument, Office of the Superintendent, P.O. Box 1460, Fritch, Texas 79036. You may also comment via the Internet at http:// parkplanning.nps.gov/lamr. Finally, you may hand-deliver comments to the headquarters building at 419 E. Broadway, Fritch, Texas 79036. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. In addition, we will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Dated: January 12, 2009. Michael D. Snyder, Director, Intermountain Region, National Park Service. Editorial Note: This document was received in the Office of the Federal Register on June 3, 2009. [FR Doc. E9–13326 Filed 6–8–09; 8:45 am] BILLING CODE 4310–3A–M DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLIDB00000 L11500000.CB0000 LXSS024D0000: 4500007763] Notice of Public Meeting, Boise District Resource Advisory Council Working Group AGENCY: Bureau of Land Management, U.S. Department of the Interior. ACTION: Notice of public meeting. In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Boise District Resource Advisory Council (RAC) Working Group and Subgroups will meet as indicated below. SUMMARY: VerDate Nov<24>2008 14:45 Jun 08, 2009 Jkt 217001 DATES: The RAC-formed Payette River System Working Group will meet in Boise, Idaho on June 30, 2009. The meeting location is the BLM Boise District Offices, 3948 S. Development Avenue, Boise, Idaho, beginning at 6:30 p.m. (MST). Additional Subgroups of the RAC will meet periodically between the regular quarterly RAC meetings and present recommendations for discussion and action. All Subgroup meetings are open to the public, and notification of these meetings will be provided to the public through local media outlets. Contact: MJ Byrne, Public Affairs Officer and RAC Coordinator, BLM Boise District, 3948 Development Ave., Boise, ID 83705. Telephone: (208) 384– 3393. E-mail: mary_j_byrne@blm.gov. SUPPLEMENTARY INFORMATION: The BLM Boise District and U.S. Forest Service Boise National Forest (BNF), who jointly manage the Payette River System, chartered this Working Group under the RAC in order to reach out to user groups and the public to provide advice to the agencies to help address management challenges. The Working Group meets once a year to review the previous season’s accomplishments and proposed projects and to offer recommendations through the RAC to the BLM Boise District and BNF. Agenda items and locations may change due to changing circumstances. All meetings are open to the public. The public may present written comments to the Working Group and Subgroups. The Working Group and Subgroup meetings will also have time allocated for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation, tour transportation, or other reasonable accommodations, should contact the BLM Coordinator as provided above. Expedited publication is requested to give adequate public notice. Dated: June 2, 2009. Aden L. Seidlitz, District Manager. [FR Doc. E9–13416 Filed 6–8–09; 8:45 am] BILLING CODE 4310–GG–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–677] In the Matter of Certain Course Management System Software Products; Notice of Investigation AGENCY: U.S. International Trade Commission. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 27345 ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 17, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Blackboard Inc. of Washington, DC. Supplements to the complaint were filed on May 6 and May 14, 2009. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain course management system software products that infringe certain claims of U.S. Patent No. 6,988,138. The complaint, as supplemented, further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue exclusion orders and cease and desist orders. ADDRESSES: The complaint and supplements, except for any confidential information contained therein, are available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202–205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202–205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server at http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Mareesa A. Frederick, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2055. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2008). Scope of Investigation: Having considered the complaint, the U.S. E:\FR\FM\09JNN1.SGM 09JNN1 27346 Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Notices International Trade Commission, on June 3, 2009, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain course management system software products that infringe one or more of claims 36– 44 of U.S. Patent No. 6,988,138, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; 1 (2) For the purpose of the investigation so instituted, the following is hereby named as a party upon which this notice of investigation shall be served: (a) The complainant is—Blackboard Inc., 650 Massachusetts Avenue, NW., Washington, DC 20001. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Desire2Learn Incorporated, 305 King Street West, Suite 200, Kitchener, Ontario, Canada N2G 1B9. (c) The Commission investigative attorney, party to this investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401, Washington, DC 20436; and (3) For the investigation so instituted, Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Commission notes that the asserted patent is currently involved in a reexamination proceeding at the U.S. Patent and Trademark Office and an appellate proceeding before the Court of Appeals for the Federal Circuit. In instituting this investigation the Commission has not made any determination as to whether a stay is warranted. However, the presiding administrative law judge may wish to consider whether a stay is warranted at an early date in this proceeding. Any such decision regarding the motion to stay the investigation should be issued in the form of an initial determination (ID). The ID will become the Commission’s final determination 45 days after the date of service of the ID unless the Commission determines to 1 The Commission has determined not to institute an investigation with respect to claims 1–35 as these claims are the subject of a valid and final judgment of invalidity issued by the district court for the Eastern District of Texas. VerDate Nov<24>2008 14:45 Jun 08, 2009 Jkt 217001 review the ID. Any petitions for review of the ID must be filed within ten (10) days after service thereof. Any review will be conducted in accordance with Commission Rules 210.43, 210.44 and 210.45, 19 CFR 210.43, 210.44, and 210.45. The instant complaint also raises questions relating to, inter alia, (1) the scope of coverage under Section 337, and (2) possible claim preclusion with respect to claims 36–44 of the asserted ‘138 patent in light of prior district court contempt proceeding and a pending appeal before the Federal Circuit. As with other investigations commenced pursuant to Section 337, the institution of the requested investigation by the Commission does not constitute a determination on the merits of these or other issues that may arise in the investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondent in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting a response to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: June 3, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–13381 Filed 6–8–09; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [USITC SE–09–017] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: June 18, 2009 at 11 a.m. PLACE: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: none. 2. Minutes. 3. Ratification List. 4. Inv. No. TA–421–7 (Market Disruption) (Certain Passenger Vehicle and Light Truck Tires from China)— briefing and vote. (The Commission is currently scheduled to transmit its determination on market disruption to the President and the United States Trade Representative by July 9, 2009.) 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: By order of the Commission. Issued: June 5, 2009. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E9–13555 Filed 6–5–09; 4:15 pm] BILLING CODE 7020–02–P JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES Meeting of the Advisory Committee; Meeting AGENCY: Joint Board for the Enrollment of Actuaries. ACTION: Notice of Federal Advisory Committee meeting. SUMMARY: The Executive Director of the Joint Board for the Enrollment of Actuaries gives notice of a meeting of the Advisory Committee on Actuarial Examinations (a portion of which will be open to the public) in Washington, DC at the Office of Professional Responsibility on June 29 and June 30, 2009. DATES: Monday, June 29, 2009, from 9 a.m. to 5 p.m., and Tuesday, June 30, 2009, from 8:30 a.m. to 5 p.m. ADDRESSES: The meeting will be held at the Internal Revenue Service Building, 1111 Constitution Avenue, NW., Room 7718, Washington, DC. E:\FR\FM\09JNN1.SGM 09JNN1

Agencies

[Federal Register Volume 74, Number 109 (Tuesday, June 9, 2009)]
[Notices]
[Pages 27345-27346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13381]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-677]


In the Matter of Certain Course Management System Software 
Products; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 17, 2009, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Blackboard Inc. of Washington, DC. Supplements to the complaint were 
filed on May 6 and May 14, 2009. The complaint, as supplemented, 
alleges violations of section 337 based upon the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain course management system software 
products that infringe certain claims of U.S. Patent No. 6,988,138. The 
complaint, as supplemented, further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue exclusion orders and 
cease and desist orders.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Mareesa A. Frederick, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2055.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2008).
    Scope of Investigation: Having considered the complaint, the U.S.

[[Page 27346]]

International Trade Commission, on June 3, 2009, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain course 
management system software products that infringe one or more of claims 
36-44 of U.S. Patent No. 6,988,138, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337; 
\1\
---------------------------------------------------------------------------

    \1\ The Commission has determined not to institute an 
investigation with respect to claims 1-35 as these claims are the 
subject of a valid and final judgment of invalidity issued by the 
district court for the Eastern District of Texas.
---------------------------------------------------------------------------

    (2) For the purpose of the investigation so instituted, the 
following is hereby named as a party upon which this notice of 
investigation shall be served:
    (a) The complainant is--Blackboard Inc., 650 Massachusetts Avenue, 
NW., Washington, DC 20001.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Desire2Learn Incorporated, 305 King Street West, Suite 
200, Kitchener, Ontario, Canada N2G 1B9.
    (c) The Commission investigative attorney, party to this 
investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401, Washington, DC 20436; and
    (3) For the investigation so instituted, Paul J. Luckern, Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate the presiding Administrative Law Judge.
    The Commission notes that the asserted patent is currently involved 
in a reexamination proceeding at the U.S. Patent and Trademark Office 
and an appellate proceeding before the Court of Appeals for the Federal 
Circuit. In instituting this investigation the Commission has not made 
any determination as to whether a stay is warranted. However, the 
presiding administrative law judge may wish to consider whether a stay 
is warranted at an early date in this proceeding. Any such decision 
regarding the motion to stay the investigation should be issued in the 
form of an initial determination (ID). The ID will become the 
Commission's final determination 45 days after the date of service of 
the ID unless the Commission determines to review the ID. Any petitions 
for review of the ID must be filed within ten (10) days after service 
thereof. Any review will be conducted in accordance with Commission 
Rules 210.43, 210.44 and 210.45, 19 CFR 210.43, 210.44, and 210.45.
    The instant complaint also raises questions relating to, inter 
alia, (1) the scope of coverage under Section 337, and (2) possible 
claim preclusion with respect to claims 36-44 of the asserted `138 
patent in light of prior district court contempt proceeding and a 
pending appeal before the Federal Circuit. As with other investigations 
commenced pursuant to Section 337, the institution of the requested 
investigation by the Commission does not constitute a determination on 
the merits of these or other issues that may arise in the 
investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting a response to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: June 3, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-13381 Filed 6-8-09; 8:45 am]
BILLING CODE 7020-02-P