Since our last posting, we received word that the judge has decided not to rule on any summary judgment motions – he's letting all issues go to trial. As a result, Desire2Learn's legal folks – inside and outside counsel - have been working overtime preparing for trial.
We're going to trial on February 11, in Lufkin, Texas. We anticipate that the trial will last approximately two weeks – both sides have been restricted to 18 hours each to present their cases. We continue to be grateful for the support of others in the industry. Most of the issues will be tried before a jury; inequitable conduct is tried before the judge. At this point, we're (obviously) careful about divulging our trial strategy – we're sorry we can't share more.
As much as ever, we're confident of our defenses, including the defense of the patent's invalidity and inequitable conduct, and the fact that we do not infringe.
Looking for a warm place to spend a couple of weeks in February? Consider an early-spring trip to Lufkin!
If anybody is planning to go to the trial, please let me know.