Further to our June 5 post, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Theodore R. Essex will handle Certain Course Management System Software Products (337-TA-677).

In addition, according to the Notice of Investigation, the ITC “has determined not to institute an investigation with respect to claims 1-35 [of the asserted ‘138 patent] 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.”  The Notice of Investigation further notes that the asserted ‘138 patent is currently involved in a reexamination proceeding at the U.S. Patent and Trademark Office and an appellate proceeding at the U.S. Court of Appeals for the Federal Circuit.  Although the ITC makes no determination in the Notice of Investigation whether the investigation should be stayed, it notes that “the presiding administrative law judge may wish to consider whether a stay is warranted at an early date in this proceeding.”  Lastly, the Notice of Investigation provides that “[t]he 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 [a] prior district court contempt proceeding and a pending appeal before the Federal Circuit.”

Also, according to the Notice of Investigation, Mareesa A. Frederick of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.