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Patent Lawsuit Against U. of Phoenix Is Dismissed

A patent infringement case brought against the University of Phoenix and its parent company, Apollo Group, was dismissed this month by the U.S. District Court in Norfolk, Va.

Digital-Vending Services International asserted in a March 2008 suit that the underlying design of courseware management software at Phoenix and two other for-profit online colleges, Walden University and Capella Education Company, violated three patents held by members of the nonprofit Community and Learning Information Network, represented by Digital-Vending Services.

Walden and its parent company, Laureate Education Inc., and Capella earlier settled separately with Digital-Vending Services, which is based in Washington and whose member network includes patent holders with ties to the education, defense, aerospace, and software industries.

The court said in dismissing the suit against Phoenix that Digital-Vending Services “failed to point to admissible evidence that could support a finding of infringement.”

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