Blackboard vs Desire2Learn: what is the other side to this story?

Desire2Learn tells a convoluted story about a Court Order to permit a Blackboard expert witness to attend Desire2Learn's July "FUSION" conference incognito, and about an only partially successful court ruling that enables Blackboard to investigate - in two US universities - the way in which Desire2Learn's VLE runs when hosted locally. It is not clear whether Desire2Learn is seeking mainly to generate interest in the patent dispute immediately prior to next week's giant EDUCAUSE conference, or to get some till now confidential matters into the public domain; and it is probably a bit of both. It would certainly be interesting to read Blackboard's side of the story, but that is probably not going to be possible given the two companies' understandably different approaches to putting material and commentary into the public domain.