Desire2Learn filed their response to Blackboard’s infringement suit, and they are coming out swinging. They’re claiming that the patent is invalid because Blackboard knowingly refrained from disclosing relevant prior art (including software they had purchased such as Prometheus and previous standards work done through the IMS). As I have discussed here before, Blackboard had an affirmative obligation to disclose any prior art of which they were aware. To do so is immediate grounds for invalidation of the patent. D2L basically calls for that immediate dismissal, payment of their legal fees by Blackboard, and also opens the door for punitive damages. There some other stuff in here that I don’t understand yet; I’ll post follow-ups as smarter people explain the hard parts to me.
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.
Possibly Related Posts:
- Blackboard's Patent FAQ #2: The Empire Strikes Back Thanks to Al Essa for discovering Blackboard’s latest FAQ on...
- Supreme Court Strikes a Major Blow for Patent Reform This is huge. Today the U.S. Supreme Court ruled in...
- Desire2Learn Posts Supplemental Materials on Blackboard Patent and Lawsuit A reader tipped me off that Desire2Learn now has its...
- (Almost) Back in the Saddle Again Well, after a week of being crushed in moving boxes,...
- Trying To Follow Blackboard v Desire2Learn There’s a blog post update from Desire2Learn on the latest...
