Blackboard Wins Lawsuit Over E-Learning Patent
from the not-how-the-system-was-supposed-to-work dept
Blackboard is a distance learning company that claims to hold patents on the concept of distance learning. It wasted little time in suing competitors even as a close examination of the patent showed that it wasn't just obvious, but there was plenty of prior art on it. A formal challenge to the patent was launched, and the Patent Office agreed to review the patent over a year ago, but has yet to do much on that re-exam. However, while everyone waits for that, the lawsuit went forward, and a jury has decided that the patent is valid and the company Desire2Learn owes Blackboard $3 million (found via Troll Tracker). There will be an appeal of course, and maybe one of these days someone at the Patent Office will realize that it issued a patent on something rather obvious with a ton of prior art.






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Great
EtG
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ITT
So go Blackboard! Way to promote education: sue others into the ground to prevent them from doing it online.
PS, in 2002 I took one of my classes online during the summer at Clark Community College so I wouldn't have to take it in High School. But that's probably not prior art to their patent, or grounds for it being obvious. I mean it's only what just about every school in the Northwest offers due to weather and distance conditions.
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Pre-Web Concept
Blackboard is just trying to fight back a disparate case after seeing how free and open sources e-Learning software and other decent commercial companies has developed great systems and are away ahead of blackboard!
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Re: ITT
I mean, if I was to build my own iPhone (I know, I'm reaching here) and infringe the patents of Apple, I can't imagine them even remotely caring that I made my own...as long as it was for my own use and not to be licensed or sold (especially as an "iPhone" - which I guess is a trademark issue).
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As I understand it
I fail to see how this is patentable.
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we were doing distance learning applications in 19
Was there something that was particular to the case that made something in the technique patentable.
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Sad day indeed...
When I was in college, I was working with the Ed Tech group and we sampled Desire2Learn ... by far a superior product.
They listened to what we wanted, their programmers were adding features all the time. It was faster, smoother, and prettier than Blackboard. It's really a shame.
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So Blackboard is like SCO?
There is no way that having role based access control is patentable - otherwise pretty much everyone in the software industry would be out of business.
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