Federal Judiciary

More details on Blackboard verdict

By Michael Smith

The jury in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court found for the plaintiff on infringement and found that the defendant had not shown by clear and convincing evidence that the patent was invalid.  Plaintiff sought $17 million, and the jury awarded $3.1 million. 
Again, the inequitable conduct issues are being tried to Judge Clark nonjury, so we should be seeing a ruling on those before long, as well as on any claims that fees should be awarded because the case is "exceptional."  To my knowledge there was not a question submitted on willfulness, but we'll know more on that soon as well.
This case raises an interesting question.  Most readers are familiar with the studies that place the cost of litigating a patent case at $3 million per side.  Assuming that's true (I'm not sure it is), is this a true win for the plaintiff, or a loss because they didn't get a recovery over the cost of bringing the case?

Full post as published by Eastern District of Texas Federal Court Practice on February 23, 2008 (boomark / email).