Wednesday, January 03, 2007

Blackboard Fires Again

More new from the D2L Patent-Info Blog. Want to read about fun terms like the following?

  • Accused Instrumentalities
  • Infringements Under the Doctrine of Equivalents
  • Pro Hac Vice Pending
If so, check out Blackboard's Preliminary Infringement Contentions against Desire2Learn.

Here's a snippet: "Accordingly, Blackboard contends that any asserted claim which the Accused Instrumentalities are not found to be embodied literally is nevertheless embodied by the Accused Instrumentalities under the doctrine of equivalents under an operative doctrine of equivalents test, e.g., function-way-result or insubstantial differences tests." Get it? Got it? Good!

For a more visual display of the alleged infringements, check out Exhibit A, all 91 pages of it. Looking at it I get the impression that it is Blackboard's way of showing that D2L has developed a far superior product, so dammit, it's up to the courts to punish them for doing so!

No comments: