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ERIC Number: EJ788971
Record Type: Journal
Publication Date: 2008-Mar-7
Pages: 1
Abstractor: ERIC
Reference Count: 0
ISSN: ISSN-0009-5982
Blackboard Wins Payment from Competitor in Patent Case
Mangan, Katherine
Chronicle of Higher Education, v54 n26 pA19 Mar 2008
A federal jury in Texas awarded Blackboard Inc. $3.1-million last month, saying that a smaller Canadian competitor, Desire2Learn Inc., had infringed Blackboard's patent for a system of delivering course materials online. The case has been closely watched by campus-technology officials, many of whom feared that a Blackboard win could stifle innovation and leave colleges and course-management software providers vulnerable to more legal challenges by Blackboard. The patent, critics have charged, is overly broad and invalid. The jury also found that Desire2Learn had not shown clear and convincing evidence of this. Blackboard's general counsel said the verdict validated the company's assertion that its system was unique when the U.S. Patent and Trademark Office granted Blackboard the patent in 2006. The office agreed last year to take another look at the patent after Desire2Learn and others challenged its validity. That review is still pending. Desire2Learn is considering several options: appealing the verdict, continuing to challenge the patent at the federal level, and modifying its software so it does not infringe Blackboard's patent.
Chronicle of Higher Education. 1255 23rd Street NW Suite 700, Washington, DC 20037. Tel: 800-728-2803; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A