Comments on: Blackboard granted LMS Patent and Sue Desire2Learn http://blackfate.edublogs.org/2006/08/01/blackboard-lms-patent-and-desire2learn-action/ All your LMSes belong to Blackboard(TM) Inc (R)... Thu, 31 Aug 2006 14:36:20 -0400 http://wordpress.org/?v=2.8.2 hourly 1 By: Don McIntosh http://blackfate.edublogs.org/2006/08/01/blackboard-lms-patent-and-desire2learn-action/comment-page-1/#comment-5 Don McIntosh Thu, 03 Aug 2006 19:59:01 +0000 http://blackfate.edublogs.org/2006/08/01/blackboard-lms-patent-and-desire2learn-action/#comment-5 Thanks Chris. I checked out this site and another at http://mfeldstein.com/index.php/weblog/permalink/blackboard_patents_the_lms/. It seems to me that the wording of the patent is sufficiently vague that Blackboard could sue any of the 150 plus companies selling learning management systems. They appear to be suing Desire2Learn for essentially everything they sell. D2L has existed since 1999 and is probably Blackboard's most important direct competitor now that Bb owns WebCT. Can they sue them for so-called patent infringements even before the patent came into effect? On the site at http://www.theinquirer.net/default.aspx?article=31833, we can see that a New Zealand actor has convinced the patent office to review Amazon's "one-click" patent. He did so by showing that an earlier patent had been granted for essentially the same thing. It seems this would be the way to fight it. The question is who else might have been granted a patent or even submitted a patent application prior to 1999. Is anyone up for taking this on? Thanks Chris.

I checked out this site and another at http://mfeldstein.com/index.php/weblog/permalink/blackboard_patents_the_lms/.

It seems to me that the wording of the patent is sufficiently vague that Blackboard could sue any of the 150 plus companies selling learning management systems. They appear to be suing Desire2Learn for essentially everything they sell. D2L has existed since 1999 and is probably Blackboard’s most important direct competitor now that Bb owns WebCT. Can they sue them for so-called patent infringements even before the patent came into effect?

On the site at http://www.theinquirer.net/default.aspx?article=31833, we can see that a New Zealand actor has convinced the patent office to review Amazon’s “one-click” patent. He did so by showing that an earlier patent had been granted for essentially the same thing. It seems this would be the way to fight it. The question is who else might have been granted a patent or even submitted a patent application prior to 1999.

Is anyone up for taking this on?

]]> By: Chris Lavergne http://blackfate.edublogs.org/2006/08/01/blackboard-lms-patent-and-desire2learn-action/comment-page-1/#comment-4 Chris Lavergne Thu, 03 Aug 2006 06:25:11 +0000 http://blackfate.edublogs.org/2006/08/01/blackboard-lms-patent-and-desire2learn-action/#comment-4 If anyone is interested here is the official legal case against Desire2Learn: http://www.theinquirer.net/images/articles/blackboard.pdf Don, as far overturning patents its very rare and hard. That said its not impossible. This website is a great start. If anyone is interested here is the official legal case against Desire2Learn: http://www.theinquirer.net/images/articles/blackboard.pdf

Don, as far overturning patents its very rare and hard. That said its not impossible. This website is a great start.

]]> By: Don McIntosh http://blackfate.edublogs.org/2006/08/01/blackboard-lms-patent-and-desire2learn-action/comment-page-1/#comment-3 Don McIntosh Wed, 02 Aug 2006 20:54:29 +0000 http://blackfate.edublogs.org/2006/08/01/blackboard-lms-patent-and-desire2learn-action/#comment-3 In defence of Desire2Learn, they are much more than "a small start up". They have been in business for several years and are a viable competitor to Blackboard and others. In defence of Desire2Learn, they are much more than “a small start up”. They have been in business for several years and are a viable competitor to Blackboard and others.

]]> By: Don McIntosh http://blackfate.edublogs.org/2006/08/01/blackboard-lms-patent-and-desire2learn-action/comment-page-1/#comment-2 Don McIntosh Wed, 02 Aug 2006 20:52:12 +0000 http://blackfate.edublogs.org/2006/08/01/blackboard-lms-patent-and-desire2learn-action/#comment-2 This is indeed ridiculous but scary. What is Blackboard's strategy? Is there any way to protest a patent which has already been granted? Ironically WebCT came before Blackboard, the patent application and the purchase of WebCT by Blackboard. If anyone could lay claim to inventing these technologies, it might be the precursor to Odyssey Learning Systems' Nautikos. Blackboard may be suing Desire2Learn but how will it sue all the open source competitors like Moodle, Sakai, Bodington, ATutor, etc.? Don McIntosh This is indeed ridiculous but scary. What is Blackboard’s strategy? Is there any way to protest a patent which has already been granted?

Ironically WebCT came before Blackboard, the patent application and the purchase of WebCT by Blackboard. If anyone could lay claim to inventing these technologies, it might be the precursor to Odyssey Learning Systems’ Nautikos.

Blackboard may be suing Desire2Learn but how will it sue all the open source competitors like Moodle, Sakai, Bodington, ATutor, etc.?

Don McIntosh

]]>