Blackboard v. Desire2Learn: The First Final Judgment
Published by May 14th, 2008 in Higher Education and Tools, Toys, and Technology (Oh my!).
This is a guest post by Jim Farmer.
Delayed several days by a database failure at the District Court for the Eastern District of Texas Friday, May 2nd, the Final Judgment and associated orders for Blackboard v. Desire2Learn are now publicly available.
This text is based upon publicly available records. Because much of the record is “sealed” and not available to the public, and the transcript is available only upon payment to the court reporter, the complete record, as available to counsel, may provide a different perspective.
The permanent injunction was issued March 11 and automatically stayed 60 days until May 12 (May 11 was Sunday). On May 7th Desire2Learn made a sealed “Emergency Motion for Limited Extension of Stay of Permanent Injunction.” Judge Clark did stay the permanent injunction an additional 30 days until June 11th. However the judge ordered Desire2Learn “…notify its present clients and all persons and entities with whom Desire2Learn is offering to provide online education products, methods, or services of the injunction and that court does not intend to issue any additional extensions.” The Judge also required Desire2Learn to pay Blackboard $194,769 as “appropriate reasonable royalty to be paid for the ongoing infringement and anticipated post judgment interest during the pendency of any appeal.”(leer más...)