IE Not suppported

Sorry, but Internet Explorer is no longer supported.

For the best experience, it's important to use a modern browser.

To view the website, please download another browser such as Google Chrome or Mozilla Firefox.

  • Kitchener-Waterloo, ON

Federal Circuit Rules in Favor of Desire2Learn Across the Board

Press Release

The United States Court of Appeals for the Federal Circuit overturns judgment against Desire2Learn and confirms that the 38 patent claims asserted by Blackboard are invalid

Desire2Learn Incorporated (Desire2Learn), a leading provider of mission-critical enterprise eLearning solutions, today announced that the United States Court of Appeals for the Federal Circuit has ruled in favor of Desire2Learn on every issue before the appellate court. The Federal Circuit affirmed the lower court’s ruling that the first 35 claims were invalid, a decision made before the trial. It also overturned the judgment resulting from the jury verdict against Desire2Learn. As a result, the 38 patent claims asserted by Blackboard’s (NASDAQ: BBBB) U.S. Patent No. 6,988,138 (“the ‘138 patent”), are invalid.

The numerous activities relating to the ‘138 patent have been ongoing for three years. For details on all related aspects, refer to the Desire2Learn Patent-Information Blog.

“This decision has affirmed what we believed to be the case all along. It is a true victory for Desire2Learn and all of education,” said John Baker, President & CEO, Desire2Learn. “Despite the challenges along the way, we have the educational community to thank for supporting us through this lengthy process. We have always been, and will continue to be, about meeting the needs of our clients in their pursuit of advancing teaching and learning.”

About Desire2Learn Incorporated

Desire2Learn Incorporated is a world-leading provider of enterprise eLearning solutions that enable institutions and other organizations to create teaching and learning environments that reflect their vision, values, goals, pedagogical approaches and branding. Desire2Learn and its subsidiaries support more than five million learners worldwide and clients include higher education, K-12, as well as associations, government and other leading organizations. Founded in 1999, Desire2Learn is headquartered in Kitchener, ON, Canada with personnel located in North America, the U.K. and Australia. For more information, visit:, call 1.519.772.0325 or toll-free 1.888.772.0325 (within North America), 0808.234.6744 (U.K.) and +61 412 067 308 (Australia).


John McLeod
Director of Marketing
Desire2Learn Incorporated
519.772.0325 ext. 378
[email protected]