Ryan Collins

USPTO overturns Blackboard’s 44 patent claims

// March 31st, 2008 // Legal

photo credit: Erin NealeyDesire2Learn is reporting that the United States Patent & Trademark Office has overturned all 44 of Blackboard’s patent claims:

On March 25, the U.S. Patent & Trademark Office issued its Non-Final Action on the re-examination of the Blackboard Patent. We are studying the document, found here, but in short, the PTO has rejected all 44 of Blackboard’s claims. We caution that this is a NON-final action; both Blackboard and Desire2Learn will have an opportunity to comment before a final action will issue, and after that, the decision will be subject to appeals.

This is good news, especially not only for Desire2Learn, but also users of all online coursework delivery systems. Although I’m torn on the idea of software patents, the ones awarded to Blackboard in my opinion did not pass the obviousness test. Blackboard has gone on record that they were not going to go after open source implementations like Moodle, but I can’t help to think that just the idea that Blackboard could sue would put a damper on some new Moodle installations.