Blackboard, Inc. v. Desire2Learn, Inc., No. 08-1368

By FindLaw Staff on July 27, 2009 | Last updated on March 21, 2019

In a patent infringement action involving Internet-based educational support systems, district court judgment is affirmed in part, reversed in part and dismissed in part where: 1) the district court erred in its interpretation of the claim language in its denial of defendant's motion for judgment as a matter of law as defendant did not waive its right to challenge the construction of claims 36-38 in the disputed patent; 2) under their proper construction, claims 36-38 of the patent are invalid for anticipation as a matter of law based on testimony, documentary evidence, and the absence of a "single login" requirement; and 2) the court properly ruled that claims 1-35 of the patent were invalid for indefiniteness.

Read Blackboard, Inc. v. Desire2Learn, Inc., No. 08-1368

Appellate Information
Appeal from the United States District Court for the Eastern District of Texas.
Decided: July 27, 2009

Judges
Before BRYSON and MOORE, Circuit Judges, and CUDAHY, Senior Circuit Judge.
Opinion by BRYSON Circuit Judge.

Counsel
For Plaintiff: Joel M. Freed and Michael S. Nadel, McDermott Will & Emery LLP, Washington, DC.
For Defendant: Harold C. Wegner and George E. Quillin, Foley & Lardner LLP, Washington, DC.