ID Staying Investigation Pending Completion of Federal Circuit Appeal
On July 24, 2009, ALJ Essex issued an Initial Determination Staying Investigation No. 337-TA-677 pending the completion of a Federal Circuit Appeal. ALJ Essex issued the stay pursuant to his authority under Commission Rule 210.15(a)(1) and considered the five factors set forth in Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same, Inv. No. 337-TA-605, Comm’n Op. at 3, 2008 ITC LEXIS 888 at *4 (May 27, 2008).
In its Notice of institution, the Commission acknowledged that the asserted patent was involved in reexam proceedings at the USPTO and was the subject of a Federal Circuit Appeal. In the Notice the Commission affirmatively stated that it was not making a determination whether a stay was warranted at that time and further stated that the presiding ALJ may want to make that determination at the outset of the investigation. Respondent Desire2Learn Inc. (D2L) filed for the stay on June 12, 2009, and Complainant Blackboard, Inc. opposed the motion. (PDF)
