Online-learning patent dispute with Blackboard heats up!

This post comes from eSchoolNews. With a lot of intricate back-and-forth on the legal front lately, online-learning enthusiasts might be forgiven for wondering whether a high-stakes patent dispute between Blackboard Inc. and Desire2Learn Inc. (D2L)--two companies that make enterprise software for web-based course management--will be resolved anytime soon.

In a recent development, a magistrate judge in a federal district court in Texas challenged terminology involved in Blackboard's claims in a patent-infringement lawsuit against D2L--invalidating some of the claims, at least for the time being. Some observers saw the magistrate's opinion, which was issued in early August after a hearing and arguments by both sides, as a major setback for Blackboard, but the company disagreed with that interpretation.

In a separate action, the federal agency that originally granted the patent has agreed to re-examine it--a process that takes an average of about two years to complete. Meanwhile, it is far from clear which party, Blackboard or D2L, might hold the upper hand if and when the lawsuit ultimately goes to a jury. A trial is currently slated for February, and the discovery process has begun. Click here to read the rest of this article.