On June 3, 2009, the U.S. International Trade Commission issued a
press release indicating that it voted to institute an investigation of
Certain Course Management System Software Products (337-TA-677).
According to a
May 15, 2009 letter from ITC Secretary Marilyn Abbott, the ITC postponed its vote on institution of this investigation in view of a request from counsel for Blackboard.
The investigation is based on the April 20, 2009
complaint filed by Blackboard Inc. of Washington, D.C. As we explained in our
April 22 post, the complaint alleges that Desire2Learn Incorporated of Canada unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain course management system software products that infringe certain claims of U.S. Patent No. 6,988,138.