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.
