Update: Patently-O blogger Dennis Crouch has posted a legal analysis of the ruling in which he concludes, “Defendant Desire2Learn wins a complete victory (after a few million in attorney fees).”
Via Desire2Learn’s patent blog, we learn today that the U.S. Court of Appeals re-affirmed the invalidation of claims 1-35 and newly invalidated claims 36-38 of Blackboard’s original ‘138 patent. You may recall from my previous post that Blackboard was stalling in the USPTO because they thought their odds would be better in court. I haven’t read the opinion, but from D2L’s post, it appears to be pretty damaging to the patent in the U.S.—perhaps decisively so. Â Now, that doesn’t mean that Blackboard has exhausted its legal options by any means. There’s the continuation patent, the trade board fight, and the Canadian patent suit, to name a few of the remaining loose ends. But this is, once again, an opportunity for Blackboard to put this brand-damaging fight behind them by quitting the field.
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