ITC Institutes Patent Investigation on Certain Course Management Software Products
The International Trade Commission has instituted a section 337 patent-based investigation of certain course management software products pursuant to a complaint.
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(The product at issue in this investigation is software that allows an educational institution to administer its courses over the Internet.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Blackboard Inc. of Washington, D.C., alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain course management system software products that infringe certain claims of U.S. Patent No. 6,988,138.
The complainant requests that after the investigation, the ITC issue exclusion orders and cease and desist orders.
Canadian Company Alleged to Be in Violation of Section 337
The ITC has identified Desire2Learn Incorporated of Canada as the respondent alleged to be in violation of section 337.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Mareesa Frederick (202) 205-2055
ITC notice (Inv. No. 337-TA-675, FR Pub 06/09/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-13381.pdf
ITC press release (No. 09-043, dated 06/03/09) available at http://www.usitc.gov/ext_relations/news_release/2009/er0603gg1.htm