Desire2Learn retains Foley & Lardner as Lead Counsel

Desire2Learn has selected Foley & Lardner, LLC s as their lead counsel in the patent litigation with Blackboard.  According to John Baker( D2L CEO), "Foley & Lardner is a highly regarded national firm that combines both the litigation experience and the technical knowledge to ensure a quality defense.  In addition, we have secured an extension of time in which to file our first formal response
to the suit, which is now due in September."

The full letter from John Baker to D2L Clients:

Dear Clients,

Thank you for your strong and continued support!  This is an updated statement on the patent litigation matter that you can share with your colleagues. As we advised you at the D2L Users Conference, on Wednesday, July 26,

Blackboard Inc. issued a press release announcing that the U.S. Patent & Trademark Office issued a patent to them. That same day, Blackboard, a Washington, D.C. corporation, filed suit against Desire2Learn Inc. in the U.S. District Court for the Eastern District of Texas, alleging that
Desire2Learn is infringing on the patent. Blackboard made no attempt to contact or negotiate with Desire2Learn before filing suit. We as a company take this lawsuit seriously and will defend ourselves vigorously against this action.

From our beginnings in 1999 (and our predecessor proprietorships from 1996) Desire2Learn has been built on the belief that as a company we can use our creative thinking, innovative approach, and client focus to enhance teaching and learning worldwide.

We have consistently developed new products and services that lead the industry. This has been accomplished through listening to our clients, reinvesting a significant portion of our revenue into R&D and new product development, and hiring and engaging talented employees who are
passionate about our clients' missions.  We fundamentally believe in driving innovation and we put our time, talents and resources on the line to back that up.

As we bring leading-edge products to market, we continue our focus of delivering first rate customer service and support. We are confident that this combination delivers increasing value to our growing number clients every day.

We have experienced year-over-year growth rates in the triple digits. This organic growth has resulted from a consistent and dedicated attention to client requirements. We have relied on our clients' success and our own innovative products, rather than acquisitions, to fuel continued growth.

Our clients' support and our growth, coupled with our profitability, creates a healthy company with the means to defend ourselves effectively against the patent infringement suit, and permits us to carry on our business as usual.  We also understand that we have a moral and contractual obligation to protect our clients from infringement actions, real or perceived.  We take that obligation seriously, as do our clients.  Indeed, since July 26, we have continued to sign new clients
large and small.   

Since the day the suit was filed against Desire2Learn, there has been an extensive amount of information shared by hundreds of members of the learning community including educators, researchers, reporters, analysts, competitors and others. We are thankful for this outpouring of
support.  It demonstrates that members of this community believe in the advancement of teaching and learning, and how that advancement is best served through healthy competition.

This week, after interviewing several top-notch U.S. legal firms who have broad experience with patent litigation, we selected Foley & Lardner, LLC (www.foley.com <http://www.foley.com/> ) as our lead counsel in the litigation.  Foley & Lardner is a highly regarded national firm that combines both the litigation experience and the technical knowledge to ensure a quality defense.  In addition, we have secured an extension of time in which to file our first formal response to the suit, which is now due in September.

In keeping with our objective to be open with our clients and the market in general we have created an informational site where you can obtain all public information pertaining to this matter. For further information please visit www.Desire2Learn.com/patentinfo.  While we cannot share our legal strategies or advice that we have received, we encourage all to review the details of the patent suit and the associated materials on our site, as well as the many others discussing the patent and related information.   

As this case proceeds we will keep you posted on all developments that can be made public. If you should have other specific questions please feel free to contact one of the following people directly: John Baker, President and CEO; Jeremy Auger, COO; John McLeod, Director of Marketing; Diane Lank, US/Internal Counsel.

We recently hosted our 3rd Annual Users Conference in partnership with The Office of Open Learning at The University of Guelph. The Conference was a huge success thanks to the participation of hundreds of Desire2Learn users, The University of Guelph, presenters, sponsors and employees. The interaction at this event clearly demonstrates how collaboration amongst the educational community will continue to fuel advances in teaching and learning and ultimately enhance learner success everywhere.

Thank you for your continued support. We welcome the opportunity to work with you in the pursuit of your eLearning vision.

Sincerely,

John

John Baker
President & CEO
Desire2Learn Inc