All lawsuits have been dropped by both sides. The companies will cross-license each others’ patent portfolios under undisclosed terms, which gives both companies an opportunity to save face. After three and a half years, higher education can move on. Left unresolved is the larger question of the role of patents in higher education, but that is at least as much a question for the universities as it is for the vendors.
For now, though, I’m just happy it’s over.
Michael Feldstein is the founder of e-Literate who currently works as the Senior Program Manager for MindTap at Cengage Learning. For more information, see his profile page.
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OK, they are no longer at each others throat, but what about ours. Now that they leveled their patents what keeps them from collectively sueing the other players in the market?
Where does this leave Moodle?
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Moodle has been protected from this particular patent since Blackboard made a legally binding pledge not to assert it against open source LMSs.
I think there are still many unanswered questions about this patent and lawsuit. Unfortunately, D2L can’t comment on the conditions of the settlement – but I don’t think this is good news for everyone else.
http://rmostell.wordpress.com/2010/03/10/blackboard-and-desire2learn-settle-their-patent-disputes/