Government in the Sunshine Act Meeting Notice, 27346 [E9-13555]
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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.
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14:45 Jun 08, 2009
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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]
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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.
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[Federal Register Volume 74, Number 109 (Tuesday, June 9, 2009)]
[Notices]
[Page 27346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13555]
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INTERNATIONAL TRADE COMMISSION
[USITC SE-09-017]
Government in the Sunshine Act Meeting Notice
Agency Holding the Meeting: 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.
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
