|Reexam update – patent rejected||Mar 28, 2008 9:49 AM|
On March 25, the U.S. Patent & Trademark Office issued its Non-Final Action on the re-examination of the Blackboard Patent. We are studying the document, found here, but in short, the PTO has rejected all 44 of Blackboard’s claims. We caution that this is a NON-final action; both Blackboard and Desire2Learn will have an opportunity to comment before a final action will issue, and after that, the decision will be subject to appeals.
However, we’re still pleased.
|Official Workaround Announcement||Mar 27, 2008 12:01 PM|
John Baker, President & CEO of Desire2Learn, is sending the following letter to all clients and prospects:
I am writing to advise you of the latest updates regarding the Blackboard v. Desire2Learn litigation.
We’re pleased to announce that Learning Environment 8.3 is in the process of being released for general availability, and is our official design-around to the asserted claims of the Blackboard patent. Previously, Learning Environment 8.3 was our design-around candidate. Our Learning Environment 8.3 underwent external third-party review after we devoted significant resources to ensuring that 8.3 was outside the scope of the method claims of the patent. We are confident that this version does not infringe the asserted claims.
This General Availability release of Learning Environment 8.3 serves another important purpose: as a result of our ongoing collaboration with our clients, it provides rich feature and functionality enhancements, and provides users with the best teaching and learning environment in the industry. For further information about Learning Environment 8.3, please see our Learning Environment website, www.Desire2Learn.com/learningenvironment.
If you would like additional information on the specifics of the court proceedings you can obtain all substantive, publicly available information at our patent information site www.Desire2Learn.com/patentinfo. As always, we continue to be as transparent as possible.
On a related note we have received an update from the U.S. Patent & Trademark Office (PTO) about the reexamination of Blackboard’s patent that we filed in 2006. The PTO has now merged the two reexamination petitions, the one that we filed, as well as the one that the Software Freedom Law Center filed. You may recall, in its initial response to our request for reexamination, the PTO found that 13 of 14 pieces of prior art that we supplied led to “substantial questions of patentability”.
I know that the patent litigation has been on the minds of each of our clients, as well as many members in the educational community. I would like to personally thank you for your continued support through this effort. With the transition to Learning Environment 8.3, I am sure that all Desire2Learn clients are going to be well served by the leading eLearning platform in the market. (leer más…)
Fuente: [Desire2Learn blog]