D2L Ltd. et al v. Blackboard, Inc., No. 9:09-cv-00200 (E.D. Tex. Dec. 2, 2009)

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.

1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION * D2L LTD. and DESIRE2LEARN, INC., * Plaintiffs, * v. CIVIL NO.: WDQ-09-1763 * BLACKBOARD, INC., * Defendant. * * * * * * * * * * * * * * MEMORANDUM OPINION D2L Ltd. and Desire2Learn, Inc. sued Blackboard, Inc. for a declaratory judgment of non-infringement and invalidity of U.S. Patent No. 7,558,853 (“the ‘853 patent”). Pending are Black- board’s motions to dismiss for lack of subject matter juris- diction and to transfer the case to the Eastern District of Texas.