Blackboard Inc. v. Desire2Learn Inc, No. 9:06-cv-00155 (E.D. Tex. Aug. 3, 2007)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

CONSTRUING CLAIM TERMS OF UNITED STATES PATENT NO. 6,988,138 Plaintiff, Blackboard, Inc. (“Blackboard”), alleges that Defendant Desire2Learn, Inc. (“D2L”) infringes U.S. Patent No. 6,988,138 (the ` 138 patent). In accordance with 28 U.S.C. § 636(b)(1), Federal Rule of Civil Procedure 72, and Local Rules for the United States District Court for the Eastern District of Texas, this civil action is referred to the undersigned United States Magistrate Judge for construction of claims. The court conducted a “Markman hearing” for assistance in that task.