Monday, December 01, 2008

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.


Jared M. Stein said...

If that postured tactic by Bb doesn't scream "groundless patent" I don't know what does.

jeff said...

I like Michael Feldstein's statement, "Clearly, they [Bb] prefer their chances in the courts to their chances in the USPTO. "