You have probably heard by now that Blackboard has lost its appeal against Desire2Learn for patent infringement. Reading through the decision, the judge is pretty clear not only about affirming the original dismissal of the first 35 of Blackboard's arguments, but also determining that the final 3 relied substantially upon earlier points, leaving Bb with not a single leg of its argument to stand on.
Not only is this good news for Desire2Learn but it also helps to secure a "happy place" for open source LMS to continue their development without fear of some lawsuit in the future. It will be interesting to see what Bb's next move will be.
I like the (unintended?) alternative meaning of your title, Anthony.
Some might say that BB has been losing appeal for some time now...
Posted by: Matt Dricker | July 30, 2009 at 09:14 AM
Blackboard's next move? More litigation:
"...Blackboard is continuing its litigation against Desire2learn on other intellectual property issues involving patents that the company has been granted since the Alcorn patent. And, according to Blackboard Chief Business Officer Matthew Small, Blackboard will appeal today's decision. Small characterized Monday's ruling as a disappointment, but a minor one in the company's plans."
- http://campustechnology.com/articles/2009/07/27/appellate-court-overturns-blackboard-patent-blackboard-to-press-on.aspx
Posted by: Brian Reid | July 30, 2009 at 09:40 AM
I wonder if the communities disapproval of these legal tactics was communicated and heard at BB World?
The continued litigation that Brian links in his comment makes the job of defending BB more difficult for us folks who tend to think that the case against the company is oversold.
Posted by: Joshua Kim | July 30, 2009 at 10:40 AM
Yeah, I like the alternative meaning too. But of course, as Brian has pointed out, the litigation continues.
*sigh*
Posted by: Anthony Helm | July 30, 2009 at 05:19 PM