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22 Feb, 2008 7:23 am
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.
29 Jul 5:41 am
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 [...]
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...
31 Jul 8:43 am
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 invalid. Plaintiff sought $17 million, and the
jury awarded $3.1 million ($2.5 million in lost profits and $600k in royalties). The trial went forward only on ...
12 Feb, 2008 9:01 pm
... a troll? Does anyone know what Foley is talking about? In other news, Blackboard (a company headquartered in Washington, DC) and Desire2Learn (a Canadian company, from Ontario), are litigating U.S. Patent 6,988,138 ("Internet-Based Education Support System and ... Southern Baptist
churches, the high-tech industry doesn't have much of a presence in Lufkin, Texas, where Blackboard Inc. has chosen to sue its Kitchener (Ontario)-based competitor for patent
infringement. East Texas is, however, known for ...
26 Mar 9:04 am
... home turf; and the bell rings on yet another round in Blackboard v. Desire2Learn's patent spat over educational software. Going After
Amazon, Part ... education community. After winning a trial against Ottawa, Canada-based competitor Desire2Learn Inc., Blackboard won
$3.1 million and got an injunction against ... 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 ...
20 Nov, 2007 10:58 am
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 ... of the scheduling order," 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. note:
although this case ...
26 Feb, 2008 12:10 pm
A federal jury in Texas awarded Blackboard Inc. $3.1 million, saying that a smaller Canadian competitor, Desire2Learn Inc., had
infringed its patent for a system of delivering course materials online. The jury also found that Desire2Learn had not shown clear and
convincing evidence that Blackboard's patent was invalid. Read the article: The Chronicle of Higher Education
12 Mar, 2007 11:52 am
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 Clark orally denied the defendant's motion to stay at the
scheduling conference, and now, four months later, ruled on the defendant's motion for reconsideration. "The factors discussed at the December 8 hearing ...
29 Aug, 2007 9:17 am
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
12 Feb, 2008 7:43 am
... and one for defendants in 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 started yesterday, and is expected to last two weeks (two weeks? That has to be a mistake...)
13 Feb, 2008 3:51 am
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
&...
22 Feb, 2008 1:38 pm
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.
23 Feb, 2008 5:59 am
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 ...
27 Feb, 2008 12:24 pm
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.
27 Jul 5:45 pm
... not present in the independent claim."); Yoon Ja Kim v. ConAgra Foods, Inc., 465 F.3d 1312, 1319 (Fed. Cir. 2006) (independent claim ... 25, and it is introduced by the
phrase "may be required," which provides further support for Desire2Learn's argument that the "single login" capacity is an optional feature of
the claimed invention, not ... Blackboard's lead counsel was Joel Freed of McDermott Will & Emery, "a world-class team." Desire2Learn had
Hal Wegner of Foley & Lardner in its counsel chair ...
29 Feb, 2008 8:00 am
... (Patent Docs), (Therapeutics Daily), Avodart (Dutasteride) - GlaxoSmithKline files patent suit against Barr Pharmaceuticals Inc., claiming infringement of three patents
covering its enlarged-prostate treatment, Avodart; Barr challenges GSK's Avodart ... construction reversal requires new trial: Black & Decker, Inc v Robert Bosch Tool Corp:
(Chicago IP Litigation Blog), Blackboard - Jury finds Desire2Learn infringed Blackboard's patent and awards $3.1 million: (EDTexweblog.com),
(Patent Prospector ...
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 ...
4 Apr, 2008 1:00 am
... Victor Wilson v Yahoo; US case Storus Corp v Aroa Marketing, Inc et al: (IMPACT), World's strongest and most valuable brands ... KSR-based prima facie obviousness despite
objective indicia of nonobviousness: Agrizap, Inc v Woodstream Corp: (Hal Wegner), (Patent Prospector), (The Fire of Genius), (IPBiz), ( ... lawsuit: (Techdirt), (IPBiz),
(Michael Geist), (ipblog.ca), (Podcast on Blackboard v Desire2Learn - EDTexasweblog.com), Becton Dickinson - Retractable Technologies files new
suit against Becton ...
30 Mar, 2008 12:23 am
... the re-exam of BlackBoard's patent: The U.S. Patent and Trademark Office issued a preliminary decision Tuesday that would invalidate Blackboard Inc.'s patent on its
e-learning management systems. While more accurate than John Simpson's earlier inaccurate ramblings on the re-exam of the ... of KSR itself. [See LeapFrog, 485 F.3d 1157, 1162] See also
http://ipbiz.blogspot.com/2008/02/blackboard-wins-over-desire2learn-in-ed.html
http://ipbiz.blogspot.com/2006/12/re-exam-request-on-blackboards-138.html
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