[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Notices]
[Page 4418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1489]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-677]


In the Matter of: Certain Course Management System Software 
Products; Notice of Commission Determination Not To Review an Initial 
Determination Terminating the Investigation on the Basis of a 
Settlement Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 6) terminating the investigation of the basis of a 
settlement agreement.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server 
(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. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: This investigation was instituted on June 9, 
2009, based upon a complaint filed on behalf of Blackboard Inc. of 
Washington, DC (``Blackboard'') on April 17, 2009, and supplemented on 
May 6 and May 14, 2009. 74 FR 27345 (June 9, 2009). The complaint 
alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337) in 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 United States Patent No. 6,988,138. The notice of 
investigation named Desire2Learn, Inc. of Ontario, Canada (``D2L'') as 
respondent.
    On December 17, 2009, Blackboard and D2L filed a joint motion 
pursuant to Commission Rule 210.21(b) to terminate the investigation 
based upon a settlement agreement. On December 24, 2009, the Commission 
investigative attorney filed a response in support of the motion. On 
December 28, 2009, the ALJ issued Order No. 6, granting the motion. No 
petitions for review were filed.
    The Commission has determined not to review the subject ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of section 
210.42(h) of the Commission's Rules of Practice and Procedure (19 CFR 
210.42(h)).

    By order of the Commission.

    Issued: January 21, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-1489 Filed 1-26-10; 8:45 am]
BILLING CODE 7020-02-P