Blackboard v Desire2Learn - claim construction briefs filed

Image from D2L Claim Construction Response Brief

On 29 May Blackboard filed its Opening Claim Construction Brief [1MB PDF] with the Texas Court that is handling Blackboard's patent infringement claim against Desire2Learn. On 15 June Desire2Learn filed its Claim Construction Response Brief [200 kB PDF].

Both briefs link to a number of supporting appendices with back-up evidence, which include things like dictionary definitions of key terms, emails, and, in D2L's case, the Wikipedia History of Virtual Learning Environments [400 kB PDF] page originally created by Michael Feldstein, and to which several readers of Fortnightly Mailing contributed content during late summer 2006. As an aside, page 4 of the D2L brief has a nicely illustrated explanation of role-based access control.

I'm no lawyer, but as I understand it the purpose of the Briefs is to enable the court to rule on disputed meanings for key phrases in the patent (Blackboard and D2L are already agreed upon the meanings of other key phrases). So this is not about judging the claim, but about creating the framework within which the claim will subsequently be judged. So dry, wordy, and from the point of view of the protagonists, important stuff.

All the documents are currently available from the patent information area of the Desire2Learn web site.

Note. Other posts about the Blackboard patent:

• 26 February 2007 - US Patent and Trademark Office orders inter partes re-examination of Blackboard Inc.'s Patent Number 6988138;
• 1 February 2007 - Blackboard issues "Patent Pledge";
• 25 January 2007 - United States Patent & Trademark Office orders re-examination of Blackboard Patent;
• 9 December 2006 - Two contrasting views about software patents. A debate between Eben Moglen and Blackboard's Matt Small;
• 2 December 2006 - Blackboard: two separate re-examination
  requests to the US Patent and Trade Mark Office; and an application to the Court from Desire2Learn for a stay in proceedings;
• 27 October 2006 - EDUCAUSE on Blackboard: "patenting a community creation is anathema to our culture";
• 16 October 2006 -  John Mayer interviews various lawyers with patent knowhow;
• 10 September 2006 - The new "post-patent" environment for e-learning: a perspective. Guest contribution by Jim Farmer;
• 9 September 2006 - Blackboard's work for IMS;
• 8 August 2006 - Did the US Department of Justice know about the patent when it cleared Blackboard's acquisition of Web CT?;
• 26 July 2006 - Blackboard's US Patent 6988138.