Blackboard Inc. v. Desire2Learn Inc, No. 9:06-cv-00155 (E.D. Tex. Feb. 11, 2008)

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 TERM OF UNITED STATES PATENT NO. 6,988,138 Plaintiff, Blac kboard, I nc. (“ Blackboard”), a lleges that De fendant Desire2L earn, Inc.(“D2L”) infringes U.S. Patent No. 6,988,138 (the ` 138 patent). Having carefully considered the patent, the pro secution history and the pa rties’ briefs, the court now makes the f ollowing findings and construes the disputed claim term. I. LAW AND BACKG ROUND The court incorporates by reference the law and background set out in the Honorable Earl Hines’ Memorandum Opinion and Order Construing U.S.