27346 Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Notices 

1The Commission has determined not to institute 

an investigation with respect to claims 1–35 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. 

International Trade Commission, on 

June 3, 2009, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(B) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain course 

management system software products 

that infringe one or more of claims 36– 

44 of U.S. Patent No. 6,988,138, and 

whether an industry in the United 

States exists as required by subsection 

(a)(2) of section 337; 1

(2) For the purpose of the 

investigation so instituted, the following 

is hereby named as a party upon which 

this notice of investigation shall be 

served: 

(a) The complainant is—Blackboard 

Inc., 650 Massachusetts Avenue, NW., 

Washington, DC 20001. 

(b) The respondent is the following 

entity alleged to be in violation of 

section 337, and is the party upon 

which the complaint is to be served: 

Desire2Learn Incorporated, 305 King 

Street West, Suite 200, Kitchener, 

Ontario, Canada N2G 1B9. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Mareesa A. Frederick, Esq., Office of 

Unfair Import Investigations, U.S. 

International Trade Commission, 500 E 

Street, SW., Room 401, Washington, DC 

20436; and 

(3) For the investigation so instituted, 

Paul J. Luckern, Chief Administrative 

Law Judge, U.S. International Trade 

Commission, shall designate the 

presiding Administrative Law Judge. 

The Commission notes that the 

asserted patent is currently involved in 

a reexamination proceeding at the U.S. 

Patent and Trademark Office and an 

appellate proceeding before the Court of 

Appeals for the Federal Circuit. In 

instituting this investigation the 

Commission has not made any 

determination as to whether a stay is 

warranted. However, the presiding 

administrative law judge may wish to 

consider whether a stay is warranted at 

an early date in this proceeding. Any 

such decision regarding the motion to 

stay the investigation should be issued 

in the form of an initial determination 

(ID). The ID will become the 

Commission’s final determination 45 

days after the date of service of the ID 

unless the Commission determines to 

review the ID. Any petitions for review 

of the ID must be filed within ten (10) 

days after service thereof. Any review 

will be conducted in accordance with 

Commission Rules 210.43, 210.44 and 

210.45, 19 CFR 210.43, 210.44, and 

210.45. 

The 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 prior district court 

contempt proceeding and a pending 

appeal before the Federal Circuit. As 

with other investigations commenced 

pursuant to Section 337, the institution 

of the requested investigation by the 

Commission does not constitute a 

determination on the merits of these or 

other issues that may arise in the 

investigation. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondent in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission of the complaint and the 

notice of investigation. Extensions of 

time for submitting a response to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: June 3, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–13381 Filed 6–8–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–017] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: June 18, 2009 at 11 a.m. 

PLACE: Room 101, 500 E Street, SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agenda for future meetings: none. 

2. Minutes. 

3. Ratification List. 

4. Inv. No. TA–421–7 (Market 

Disruption) (Certain Passenger Vehicle 

and Light Truck Tires from China)— 

briefing and vote. (The Commission is 

currently scheduled to transmit its 

determination on market disruption to 

the President and the United States 

Trade Representative by July 9, 2009.) 

5. Outstanding action jackets: none. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

By order of the Commission. 

Issued: June 5, 2009. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. E9–13555 Filed 6–5–09; 4:15 pm] 

BILLING CODE 7020–02–P 

JOINT BOARD FOR THE 

ENROLLMENT OF ACTUARIES 

Meeting of the Advisory Committee; 

Meeting 

AGENCY: Joint Board for the Enrollment 

of Actuaries. 

ACTION: Notice of Federal Advisory 

Committee meeting. 

SUMMARY: The Executive Director of the 

Joint Board for the Enrollment of 

Actuaries gives notice of a meeting of 

the Advisory Committee on Actuarial 

Examinations (a portion of which will 

be open to the public) in Washington, 

DC at the Office of Professional 

Responsibility on June 29 and June 30, 

2009. 

DATES: Monday, June 29, 2009, from 9 

a.m. to 5 p.m., and Tuesday, June 30, 

2009, from 8:30 a.m. to 5 p.m. 

ADDRESSES: The meeting will be held at 

the Internal Revenue Service Building, 

1111 Constitution Avenue, NW., Room 

7718, Washington, DC. 

Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Notices 27347 

FOR FURTHER INFORMATION CONTACT: 

Patrick W. McDonough, Executive 

Director of the Joint Board for the 

Enrollment of Actuaries, 202–622–8225. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the Advisory 

Committee on Actuarial Examinations 

will meet in the Internal Revenue 

Service Building, 1111 Constitution 

Avenue, NW., Washington, DC on 

Monday, June 29, 2009, from 9 a.m. to 

5 p.m., and Tuesday, June 30, 2009, 

from 8:30 a.m. to 5 p.m. 

The purpose of the meeting is to 

discuss topics and questions which may 

be recommended for inclusion on future 

Joint Board examinations in actuarial 

mathematics and methodology referred 

to in 29 U.S.C. 1242(a)(1)(B) and to 

review the May 2009 Basic (EA–1) and 

Pension (EA–2B) Joint Board 

Examinations in order to make 

recommendations relative thereto, 

including the minimum acceptable pass 

score. Topics for inclusion on the 

syllabus for the Joint Board’s 

examination program for the November 

2009 Pension (EA–2A) Examination will 

be discussed. 

A determination has been made as 

required by section 10(d) of the Federal 

Advisory Committee Act, 5 U.S.C. App., 

that the portions of the meeting dealing 

with the discussion of questions that 

may appear on the Joint Board’s 

examinations and the review of the May 

2009 Joint Board examinations fall 

within the exceptions to the open 

meeting requirement set forth in 5 

U.S.C. 552b(c)(9)(B), and that the public 

interest requires that such portions be 

closed to public participation. 

The portion of the meeting dealing 

with the discussion of the other topics 

will commence at 1 p.m. on June 29 and 

will continue for as long as necessary to 

complete the discussion, but not beyond 

3 p.m. Time permitting, after the close 

of this discussion by Committee 

members, interested persons may make 

statements germane to this subject. 

Persons wishing to make oral statements 

must notify the Executive Director in 

writing prior to the meeting in order to 

aid in scheduling the time available and 

must submit the written text, or at a 

minimum, an outline of comments they 

propose to make orally. Such comments 

will be limited to 10 minutes in length. 

All other persons planning to attend the 

public session must also notify the 

Executive Director in writing to obtain 

building entry. Notifications of intent to 

make an oral statement or to attend 

must be faxed, no later than June 19, 

2009, to 202–622–8300, Attn: Executive 

Director. Any interested person also 

may file a written statement for 

consideration by the Joint Board and the 

Committee by sending it to the 

Executive Director: Joint Board for the 

Enrollment of Actuaries, c/o Internal 

Revenue Service, Attn: Executive 

Director SE:OPR, Room 7238, 1111 

Constitution Avenue, NW., Washington, 

DC 20224. 

Dated: May 26, 2009. 

Patrick W. McDonough, 

Executive Director, Joint Board for the 

Enrollment of Actuaries. 

[FR Doc. E9–13517 Filed 6–8–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Importer of Controlled Substances; 

Notice of Application 

This is notice that on January 28, 

2009, Stepan Company, Natural 

Products Department, 100 W. Hunter 

Avenue, Maywood, New Jersey 07607, 

made application by renewal to the 

Drug Enforcement Administration 

(DEA) for registration as an importer of 

Coca Leaves (9040), a basic class of 

controlled substance listed in schedule 

II. 

The company plans to import the 

listed controlled substance for the 

manufacture of a bulk controlled 

substance for distribution to its 

customer. 

No comments, objections, or requests 

for any hearings will be accepted on any 

application for registration or reregistration to import coca leaves. As 

explained in the Correction to Notice of 

Application pertaining to Rhodes 

Technologies, 72 FR 3417 (2007), 

comments and requests for hearings on 

applications to import narcotic raw 

material are not appropriate. 

Any bulk manufacturer who is 

presently, or is applying to be, 

registered with DEA to manufacture 

such basic classes of controlled 

substances listed in schedule I or II, 

which fall under the authority of section 

1002(a)(2)(B) of the Act (21 U.S.C. 

952(a)(2)(B)) may, in the circumstances 

set forth in 21 U.S.C. 958(i), file 

comments or objections to the issuance 

of the proposed registration and may, at 

the same time, file a written request for 

a hearing on such application pursuant 

to 21 CFR 1301.43 and in such form as 

prescribed by 21 CFR 1316.47. 

Any such comments or objections 

should be addressed, in quintuplicate, 

to the Drug Enforcement 

Administration, Office of Diversion 

Control, Federal Register Representative 

(ODL), 8701 Morrissette Drive, 

Springfield, VA 22152; and must be 

filed no later than July 9, 2009. 

This procedure is to be conducted 

simultaneously with and independent 

of the procedures described in 21 CFR 

1301.34(b), (c), (d), (e), and (f). As noted 

in a previous notice published in the 

Federal Register on September 23, 1975 

(40 FR 43745), all applicants for 

registration to import a basic class of 

any controlled substances in schedule I 

or II are, and will continue to be, 

required to demonstrate to the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration, that the requirements 

for such registration pursuant to 21 

U.S.C. 958(a); 21 U.S.C. 823(a); and 21 

CFR 1301.34(b), (c), (d), (e), and (f) are 

satisfied. 

Dated: June 3, 2009. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. E9–13353 Filed 6–8–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Importer of Controlled Substances; 

Notice of Application 

Pursuant to 21 U.S.C. 958(i), the 

Attorney General shall, prior to issuing 

a registration under this Section to a 

bulk manufacturer of a controlled 

substance in schedule I or II, and prior 

to issuing a regulation under 21 U.S.C. 

952(a)(2) authorizing the importation of 

such a substance, provide 

manufacturers holding registrations for 

the bulk manufacture of the substance 

an opportunity for a hearing. 

Therefore, in accordance with Title 21 

Code of Federal Regulations (CFR), 

1301.34(a), this is notice that on March 

18, 2009, Research Triangle Institute, 

Kenneth H. Davis Jr., Hermann 

Building, East Institute Drive, P.O. Box 

12194, Research Triangle, North 

Carolina 27709, made application by 

renewal to the Drug Enforcement 

Administration (DEA) to be registered as 

an importer of the basic classes of 

controlled substances listed in 

schedules I and II: 

Drug Schedule 

1-(1-Phenylcyclohexyl)pyrrolidine 

(7458).

I 

1-[1-(2-Thienyl)cyclohexy]piperidine (7470).I 

1-[1-(2-Thienyl)cyclohexyl]pyrrolidine (7473).I