Federal Circuit Rules in Favor of Desire2Learn Across the Board

Announcement, Desire2Learn, Jul 27, 2009
Commentary by Stephen Downes

A huge win for D2L. "We are pleased to announce that the United States Court of Appeals for the Federal Circuit has ruled on the appeals that resulted from the trial in Texas. The Federal Circuit has ruled in favor of Desire2Learn across the board and confirmed that all 38 patent claims asserted by Blackboard are invalid." Seb Schmoller expresses some doubt, but I read the judgement pretty carefully, and it seems to me that the ruling "AFFIRMED IN PART, REVERSED IN PART, and DISMISSED IN PART" means that it agrees with the parts of the ruling where some patents were ruled invalid ("we affirm the district court's decision that claims 1-35 are invalid as indefinite"), disagrees with the courts ruling that some of the patents shoudl be ruled invalid as a matter of law (JMOL) ("we reverse the district court's failure to grant JMOL on that issue") and dismisses the rest as moot ("We also do not address the parties' contentions with respect to infringement of those claims". That's my reading; IANAL and your lawyer's mileage may vary. Reaction coming in as fast as I can post this; Heff Bohrer
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