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22 Feb, 2008 7:23 am by Michael Smith
The jury has begun deliberating in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court. Evidence finished Wednesday and the jury started deliberations yesterday. While the jury deliberates, the attorneys are presenting the inequitable conduct case to Judge Clark.
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
29 Jul 5:41 am by Jim Singer
This week the Federal Circuit issued a new ruling holding a computer-related "means-plus-function" claim indefinite where the specification did not adequately describe the structure or process used to perform the function. In Blackboard Inc. v. Desire2Learn Inc. the Federal Circuit was asked to determine the validity of certain claims of U.S. Patent 6,988,138, which relates to an Internet-based educational support [...]
IP Spotlight - http://ipspotlight.com
8 Aug, 2006 9:14 pm
By John Ottaviani Blackboard, Inc. v. Desire2Learn Inc., No. 9:06-cv-00155-RHC (complaint filed July 26, 2006) Although this story does not...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
31 Jul 8:43 am by Michael C. Smith
Back in February of 2008 the jury in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court found for the plaintiff on infringement and found that the defendant had not shown by clear and convincing evidence that the patent was ... 't address D2L's claim that they were also obvious. The court didn't address the infringement arguments on appeal, and held that Blackboard's appeal pertaining to the amount of court costs was moot.
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
12 Feb, 2008 7:43 am by Michael Smith
... of courthouse gossip, I am told that the number awarded was the exact number the plaintiff's economist blackboarded (which is news - often it's something quite different, even when the plaintiff prevails), and ... the ED so far this year - another patent trial in Marshall in the O2 Micro v. Rohm case is starting in another week or so (hearing on exhibits is set for 2/19) and speaking of blackboards, trial in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
22 Feb, 2008 1:38 pm by Michael Smith
Apparently Troll Tracker works in the local Dairy Queen in Lufkin, Texas, because he just broke the news that the jury in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court just found for the plaintiff. No details yet.
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
23 Feb, 2008 5:59 am by Michael Smith
The jury in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court found for the plaintiff on infringement and found that the defendant had not shown by clear and convincing evidence that the patent was invalid. Plaintiff sought $17 million, and the jury awarded $3.1 million. Again, the inequitable conduct issues are being tried to Judge Clark nonjury, so we should be seeing a ruling on those before long, as well as on any ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
26 Mar 9:04 am by Joe Mullin
... company (OCTBB: GOJO.OB) got its patents when it acquired Network Engineering Software, Inc. (NES) in 2005. And, says GraphOn CEO Robert Dilworth, "aggressively protecting ... asserted the patent against computer retailer Dell, among others. * Blackboard Inc. v. Desire2Learn Inc. 09-cv-00040-RC, E.D. Texas., 3 ... and open source circles for enforcing this patent. It is represented by McDermott Will & Emery. Desire2Learn maintains a blog describing its take on the dispute. Hope you enjoyed this week's ...
The Prior Art - http://thepriorart.typepad.com/the_prior_art/
20 Nov, 2007 10:58 am by Michael Smith
Blackboard, Inc. v. Desire2Learn, Inc., --- F.Supp.2d ----, 2007 WL 4074464(E.D.Tex. Nov 05, 2007) (NO. CIV.A.906CV00155-RHC) Judge: Ron Clark Holding: Motion to Strike Dispositive Motion for Exceeding the Page Limits GRANTED "Blackboard has moved to strike Desire2Learn's ... Judge Clark wrote. "The page limit was adopted to encourage counsel in focusing on key issues. Allowing Desire2Learn to exceed the limit is not likely to illuminate the issues in this case, so the motion is granted." (Ed ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
12 Mar, 2007 11:52 am by Michael Smith
Blackboard, Inc. v. Desire2Learn, Inc., --- F.Supp.2d --- (E.D. Tex. March 12, 2007) (9:06cv00155-RHC) (Docket #62) Judge: Ron Clark Division: Lufkin Holding: Motion for Reconsideration of Order Denying Motion to Stay Pending Reexamination Denied Judge ... result in any savings of time or resources at this point." Judge Clark's order cites Judge Davis' opinion in Soverain Software LLC v. Amazon.com, 356 F.Supp.2d 660, 662 (E.D. Tex. 2005) and Xerox Corp. v. 3Com Corp., 69 F.Supp. ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
29 Aug, 2007 9:17 am by Michael Smith
Blackboard, Inc. v. Desire2Learn, Inc., 2007 WL 2255227(E.D.Tex. Aug 03, 2007) (NO. 9:06-CV-155) Judge: Earl S. Hines Holding: Claims construction opinion
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
27 Feb, 2008 12:24 pm by Michael Smith
Blackboard, Inc. v. Desire2Learn, Inc., 2008 WL 380359, E.D.Tex., February 11, 2008 (NO. 9:06-CV-155) Judge: Ron Clark Holding: Claims construction ruling Yes, I know there's already been a jury verdict in this case - I'm a little behind reading Markman decisions.
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
29 Feb, 2008 8:00 am
... Daily), Avodart (Dutasteride) - GlaxoSmithKline files patent suit against Barr Pharmaceuticals Inc., claiming infringement of three patents covering its enlarged-prostate treatment, Avodart; Barr ... Techdirt), Full Court dismisses appeal in smartcard television piracy case: Haddad v Foxtel Management Pty Ltd: (IP Down Under), 'The Fanatics' Songbook is not ... Black & Decker, Inc v Robert Bosch Tool Corp: (Chicago IP Litigation Blog), Blackboard - Jury finds Desire2Learn infringed Blackboard's patent ...
IP Thinktank - http://duncanbucknell.com/blog
12 Jan, 2008 11:32 am
Blackboard, Inc. v. Desire2Learn (9:06-CV-00155) December 3, 2007 Heading into summary judgment, Judge Clark let the parties know that, when it comes to choosing issues to argue before the court, less can be ... for judgement as a matter of law. Apparently, things didn't get better when it came time to deciding the motion. When Desire2Learn submitted to the court a listing of all pending dispositive motions in the case, as well as associated responses, replies, and sur-replies, the ...
Tags: desire2learn
Two-Seventy-One Patent Blog - http://271patent.blogspot.com
13 Feb, 2008 3:51 am by Higher Education
United States District Court,E.D. Texas,Lufkin Division.BLACKBOARD, INC., Plaintiff, v. DESIRE2LEARN, INC., Defendant. Civil Action No. 9:06-CV-00155-RHC. Nov. 14, 2007. J. Thad Heartfield, The Heartfield Law Firm, Beaumont, TX, Christopher D. Bright, Daniel R. Foster, Fay E. Morisseau, McDermott Will &...
Higher Ed Law Prof Blog - http://lawprofessors.typepad.com/highered/
27 Jul 5:45 pm
... means-plus-function limitation, and a devious claim construction gone awry, left Blackboard with a failed assertion. Blackboard v. Desire2Learn (CAFC 2008-1548) precedential ... limitation in question is not present in the independent claim."); Yoon Ja Kim v. ConAgra Foods, Inc., 465 F.3d 1312, 1319 (Fed. Cir. 2006 ... any structure that performs the recited function. In fact, before the district court, counsel for Blackboard defined the term "access control manager" in precisely those terms. He stated ...
Patent Prospector - http://www.patenthawk.com/blog/
4 Apr, 2008 1:00 am
... BIO responds to Patent Reform Bill (s 1145) and Tafas/GSK v Dudas decision: (Patent Docs), US: Gene patents in legal limbo for now: ... KSR-based prima facie obviousness despite objective indicia of nonobviousness: Agrizap, Inc v Woodstream Corp: (Hal Wegner), (Patent Prospector), (The Fire of Genius), (IPBiz), ... wins lawsuit: (Techdirt), (IPBiz), (Michael Geist), (ipblog.ca), (Podcast on Blackboard v Desire2Learn - EDTexasweblog.com), Becton Dickinson - Retractable Technologies files new suit against ...
IP Thinktank - http://duncanbucknell.com/blog
30 Aug 6:15 pm
... initial determination staying investigation pending Federal Circuit appeal in dispute between Blackboard and Desire2Learn (ITC 337 Law Blog) BTG International - ITC institutes investigation ... 7 million in damages following finding of wilful patent infringement: Finjan Software Ltd v Secure Computing Corp (The IP Factor) Nintendo - Nintendo settles patent suit ... pay 'per play' fees to copyright holders: Arista Records LLC v Launch Media, Inc (1709 Copyright Blog) (IPKat) (IP Spotlight) US Copyright ...
IP Thinktank - http://duncanbucknell.com/blog
7 Aug 5:56 am
... of extracts from online news articles in online news monitoring service: Meltwater News AS v Mediebriftenes Klareringstjeneste AS (1709 Copyright Blog) Sweden Pirate Bay sale imminent, ... and business automation' (Washington State Patent Law Blog) Blackboard - ITC stays investigation of Desire2Learn course management software products pending Federal Circuit decision ( ... Court N D California: Google not liable for false ads - Goddard v Google (Technology & Marketing Law Blog) District Court S D ...
IP Thinktank - http://duncanbucknell.com/blog
         
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