Nos. 2008-1368, 2008-1396, 2008-1548.

574 F.3d 1371 (2009)

BLACKBOARD, INC., Plaintiff-Cross Appellant, v. DESIRE2LEARN INC., Defendant-Appellant. Blackboard, Inc., Plaintiff-Appellant, v. Desire2Learn Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 27, 2009.

Attorney(s) appearing for the Case

Joel M. Freed and Michael S. Nadel, McDermott Will & Emery LLP, of Washington, DC, argued for plaintiff-cross appellant in appeal 2008-1368, -1396 and plaintiff-appellant in appeal 2008-1548. Of counsel in appeal 2008-1368, -1396 was Natalia V. Blinkova.

Harold C. Wegner, Foley & Lardner LLP, of Washington, DC, argued for defendant-appellant in appeal 2008-1368, -1396. On the brief were George E. Quillin; and Gregory S. Norrod, James D. Dasso, and Jonathan R. Spivey, of Chicago, IL.

George E. Quillin, Foley & Lardner LLP, of Washington, DC, argued for defendant-appellee in appeal 2008-1548. With him on the brief were Gregory S. Norrod, James D. Dasso, Jonathan R. Spivey, and Jason A. Keener, of Chicago, IL. Of counsel was Harold C. Wegner, of Chicago, IL.

Before BRYSON and MOORE, Circuit Judges, and CUDAHY, Senior Circuit Judge.

BRYSON, Circuit Judge.

Blackboard Inc. is the market leader in providing educational institutions with course management software that allows interaction between students and teachers over the Internet. Desire2Learn Inc. is Blackboard's primary commercial competitor. This appeal arises from an action by Blackboard against Desire2Learn for infringement of Blackboard's U.S. Patent No. 6,988,138 ("the '138 patent"), which claims...

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