We interrupt our regularly scheduled blog post to bring you this breaking news:
Based on Desire2Learn’s Inter Partes request, the USPTO has ordered that the Blackboard patent be re-examined. This is a separate ruling from the one in response to the Ex Parte Sakai/ATutor/Moodle filing. As I have previously noted, the law requires that the USPTO issue a preliminary ruling along with a re-exam order in an Inter Partes challenge. That means we should know shortly whether the government is upholding the patent, narrowing it, or invalidating it altogether.
Stay tuned.
There are a number of events that are likely to cascade from this ruling rather quickly. I will not always have time to blog now about every post and development that I see. However, I will, at the very least, tag items I see for inclusion in the Edupatent Alerts. (I hope that you will do the same.) If you want to follow these developments closely, I strongly suggest that you subscribe by email or RSS.
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- First 35 Claims of Blackboard's Patent Ruled Invalid According to D2L’s patent blog, the judge in the patent...
- Desire2Learn Posts Supplemental Materials on Blackboard Patent and Lawsuit A reader tipped me off that Desire2Learn now has its...



