The implication from D2L is that the fight is not over by a long shot. But from Blackboard's perspective, the verdict vindicates its argument that the methodology of its software--allowing individual users to access multiple courses through a single log-in procedure--constitutes a unique invention whose patent its smaller competitor improperly violated.
Wow! I'm certainly shocked as well. Not sure what else to say about it.
The eLearning Guild Annual Gathering 2008 Conference & Expo - April 14-17 - Orlando, FL
3 comments:
The big "secret" is that an LMS is not necessary for learning. These systems are only important from the perspective of the administration or the credentialing authorities, who add absolutely no value to the learning process. Whether BlackWeb wins or loses its patent suit [yes, I added information to show that prior art existed before BB's patent claim] makes no difference to learners anywhere.
These "business process" patents are ludicrous and destructive to the capitalist system. If juries aren't smart enough to smack these down, we as consumers should - by not supporting companies who use patents that should never have been granted to thwart competition and innovation.
Michael Korcuska (Executive Director of the Sakai Foundation) has a different interpretation:
"This is certainly not either the end or, frankly, the most important part of the ongoing patent dispute. Completely separate from the Bb-D2L lawsuit, the US Patent Office will be re-examining the validity of Blackboard’s patent. The Sakai Foundation has always believed this re-examination will be the critical activity in ensuring the patent does not have a continued deleterious affect on innovation and openness in the community."
i hope he's right! (my 2 cents and more info about the verdict)
And as Desire2Learn's blog pointed out, the first 35 claims in Blackboard's patent were ruled invalid by the court:
"Remember, the Court has invalidated claims 1-35; Blackboard, at trial, chose not to proceed on claims 39-44."
let's just hope common sense prevails in all of this... :)
- philip
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