Blackboard Hearts the USPTO

I really don't know what to make of the latest posting on the D2L Patent Blog. The title is Blackboard sues U.S. Patent & Trademark Office. There's a link to a PDF of the suit filed by Blackboard. D2L says the following:

"A new development: Blackboard has taken its attempts to stop the reexam to another level. It has now sued the Patent and Trademark Office, asking the Court for a ruling that the PTO's refusal to suspend or terminate the reexam was improper. Blackboard filed its case in the U.S. District Court for the Eastern District of Virginia, where the PTO is located. The Complaint makes for an interesting read, and has at least one surprising omission: Blackboard somehow forgot to mention that on March 25, in a non-final action, the PTO rejected each of the 44 claims of the patent."

I'm about ready to board a plane for Atlanta, so the PDF should make for good reading on the plane.

Comments

Jared M. Stein said…
If that postured tactic by Bb doesn't scream "groundless patent" I don't know what does.
December 01, 2008 1:05 PM
Jeff Bohrer said…
I like Michael Feldstein's statement, "Clearly, they [Bb] prefer their chances in the courts to their chances in the USPTO. "
December 01, 2008 3:07 PM
Post a Comment

Popular posts from this blog

Ed2Go is NOT Higher Education

Image
For several years now I have railed against the use of ed2go courses when they are affiliated with a college or university. During my time on the Minnesota Online Council I was especially adamant against the listing of the ed2go courses at the MnOnline website as though they were endorsed courses from a member institution. There is no way that I think the brand should be diluted by including courses like this in our offerings. Why not? Glad you asked. NOTE: most of this post was written after I discovered that my own school had recently signed on with ed2go. This saddens me to no end since I spent the past five y ears railing against the use of ed2go in Minnesota Online and our colleges. Our VP in that division assures me that they will do what they can to not harm our reputation for quality online offerings - and I believe that, I'm just not sure how much of that we can actually control. I waited a couple of weeks before posting this to see whether my opinion would be changed by
Read more

Another Switch from Blackboard to Desire2Learn

Image
As many of you know, I am always interested in the comings and goings of the LMS wars. Who's leaving Blackboard and what are they going to? I rarely have to ask the opposite question - who's migrating to Blackboard from a non-Blackboard platform - because it almost NEVER happens. The latest one to catch my eye was the University of Surrey in the UK. Here's their press release about choosing D2L . Nowhere in the release do they mention what platform they've been on - but it doesn't take much effort to find this on their current website: So, yes, this is another school switching from Blackbeard to Desire2Learn. I find portions of their press release to be revealing about their previous experience with BlackCT Vista. "A new hi-tech system is being introduced at the University of Surrey to enable students to learn on computers and mobile devices via a more personalised platform ." "The new Virtual Learning Environment (VLE), replacing and vastly improving
Read more

Distance Education and Reauthorization

Image
The Committee on Education and Labor in the U.S. House of Representatives passed the "College Opportunity and Affordability Act" (H.R. 4137 ) on November 15, 2007. This means we are nearing the end of the long road leading to reauthorizing the Higher Education Act (HEA). The House committee bill now joins the bill passed by the U.S. Senate (S.1642) in July 2007. House link: H.R. 4137 , go to part H, section 496-A Senate link: S. 1642 , go to part G, section 491 (formerly 496) At some point the language differences between the House and Senate will need to be hammered out. However, with regard to accreditation concerns for distance education, the House committee bill is identical to the Senate bill. The current language would allow college and university accrediting agencies to address the quality of a school’s distance education offerings without the need to create separate standards, procedures or policies related to distance education (for a while this looked to be the dire
Read more