Michael Feldstein is quick to note Desire2Learn's 4/8/2007 announcement of the 3/8/2007 outcome of the "Markman Hearing" in the Blackboard v. Desire2Learn patent infringement case. (The purpose of the Markman Hearing is for the trial judge to determine the meaning of the claims at issue, and to instruct the jury accordingly, with the judge's ruling subsequently open to being appealed by either party.)
According to Desire2Learn the effect of the judge's determination, if not successfully appealed, is to render invalid independent claim 1 and dependent claims 2 to 35 in Blackboard's Patent 6,988,138. (There is one other independent claim in the patent - claim 36, upon which the remaining 9 claims 37 to 44 depend.)
For an overview of the process you may find it helpful to review pages 2 to 5 of the 23/8/2006 Notes of a teleconference between Blackboard Inc. and the Association for Learning Technology [135 kB PDF], in which I took part, from which I have excerpted two paragraphs in the continuation post below.
3/8/2007 - Blackboard Inc. v Desire2Learn - court issues order construing claim terms
Michael Feldstein is quick to note Desire2Learn's 4/8/2007 announcement of the 3/8/2007 outcome of the "Markman Hearing" in the Blackboard v. Desire2Learn patent infringement case. (The purpose of the Markman Hearing is for the trial judge to determine the meaning of the claims at issue, and to instruct the jury accordingly, with the judge's ruling subsequently open to being appealed by either party.)
According to Desire2Learn the effect of the judge's determination, if not successfully appealed, is to render invalid independent claim 1 and dependent claims 2 to 35 in Blackboard's Patent 6,988,138. (There is one other independent claim in the patent - claim 36, upon which the remaining 9 claims 37 to 44 depend.)
For an overview of the process you may find it helpful to review pages 2 to 5 of the 23/8/2006 Notes of a teleconference between Blackboard Inc. and the Association for Learning Technology [135 kB PDF], in which I took part, from which I have excerpted two paragraphs in the continuation post below.
Continue reading "3/8/2007 - Blackboard Inc. v Desire2Learn - court issues order construing claim terms" »
Posted on 05/08/2007 in News and comment | Permalink | Comments (0)
|