e-Literate

Present is Prologue

Category: Ed Tech

The “Ed Tech” category includes posts about educational technology products themselves, including LMSs and other learning platforms, adaptive learning and other digital curricular materials products, learning analytics, and educational apps of all types. It also includes technical aspects of ed tech products, especially interoperability.

  • More on the Supreme Court Ruling

    Patently-O has up a PDF of the KSR v Teleflex ruling (which, by the way, was unanimous). Basically, the court says that, while the original precedents provide adequate guidance for obviousness, the Federal Circuit has interpreted that guidance too narrowly, arguing that “Rigid preventative rules that deny recourse to common sense are neither necessary under, nor consistent with, this Court’s case law.”
    Probably the passage in the opinion that resonates the most with the kinds of issues that come up in Bb v. D2L and are likely to come up in any similar edupatent disputes is the following:

    When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill in the art has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.

    In other words, if a problem is fairly well known in the market, and if there are a fairly small number of fairly well-known methods for solving similar problems, you can’t get a patent just by being the first to apply the known solution to the known problem.

  • Supreme Court Strikes a Major Blow for Patent Reform

    This is huge. Today the U.S. Supreme Court ruled in the case of KSR v. Teleflex, where the central issue was the meaning of “obviousness.” The reason that the word is important in patent law is because an innovation that is deemed “obvious” is not patentable. For example, Teleflex had combined two existing devices for truck gas petals and claimed that the combination was a new idea. KSR claimed that, even though nobody had combined the two devices in production at the time of Teleflex’s patent filing, it was fairly clear to “a practitioner with ordinary skill in the art” (i.e., Joe Truck Designer) that the two could be combined.

    This has direct bearing on Blackboard v. Desire2Learn. Before this ruling, the standard for proving obviousness was very high. As a result, finding, say, one pre-existing LMS that implemented half of the claims in Bb’s patent and another one that implemented the other half probably wouldn’t be enough. Unless you could find one system that implemented every one of the 44 claims, the case for invalidating the patent would be very difficult to make. This ruling should make D2L’s case easier.

    Just how much easier remains to be seen. I haven’t found any details on the ruling yet, so I don’t know what new guidance the court set.

    In related news, the court also ruled in favor of patent reform in Microsoft v. Alcatel-Lucent today. While this ruling is unlikely to have a direct impact on Bb v. D2L or on edupatents in general, we won’t know for sure until we see the written opinions. We should know more about both cases in the next couple of days.

  • Open Source in Education Post Series on Terra Incognita

    My good friend Ken Udas has asked me to pass along the following:

    I would like to point you to a project that I am helping to coordinate on “The Impact of Open Source Software on Education,” in which a group of colleagues are posting perspectives on OSS in education. The group will make brief posts of their personal perspectives on OSS using Terra Incognita (the Penn State World Campus Blog). Most of the authors have a strong distance, open, and eLearning background. After each posting there will be a period of time during which comments, feedback, and dialog will occur. Eventually the posting, comments/discussion, and a brief summary will be formatted and made available as open educational resources on WikiEducator. During the days following each posting on Terra Incognita, the author will be available to respond to feedback and engage in a group dialogue with you.

    I think that this activity could provide an excellent introduction to OSS in Education for practitioners and is also a way to get a feel for some perspectives from around the globe. We have contributing authors form the US, Australia, Canada, New Zealand, Kenya, and South Africa currently scheduled.

    If you are interested in learning more about the “The Impact of Open Source Software on Education” series, you can check out the project site at on WikiEducator.

    Or if you just want to check out the first posting it will be made on Terra Incognita on March 12th. An interview with Ruth Sabean, assistant vice provost for educational technology in UCLA’s College of Letters and Science, will kick off the series on March 12. Ruth ran the evaluation process at UCLA that resulted in the selection of the open source application Moodle.

    Parts one and two of the interview with Ruth Sabean are up now and are very interesting reads.

  • Blackboard Inter Partes Determination Published

    You can find the documentation here. The USPTO found 13 of Desire2Learn’s 14 claims to raise substantial new questions of patentability. However, the government did not a preliminary finding, as is usual with an Inter Partes challenge, because they are considering whether this challenge should be merged with the Ex Parte challenge filed by the SFLC on behalf of the Sakai, Moodle, and ATutor communities. I assume that the finding will be issued once this decision has been made.

    If anybody has any further analysis of the document, please remember to tag it “edupatents” so that it will be picked up by the EduPatent Alerts system.

  • Thomson Learning Makes a Statement on EduPatents?

    Here is a press release by Thomson Learning about their decision to become a Sakai commercial affiliate. It has all the usual statements about working with the community, supporting open standards, and so on. But what caught my attention, down in the sixth paragraph of a six-paragraph press release, was the following statement by Thomson Learning’s Chief Technology Officer Ray Lowry:

    In addition, Thomson Learning is glad to see one of its key business partners, Blackboard, Inc., making a move in the right direction to engage the open source community.

    This has to be a reference to Blackboard’s recent patent pledge. But what does it mean? Is it a quiet endorsement? A sly dig? A little of both? If I’m not mistaken, Thomson and Blackboard do indeed have a very close business relationship. I doubt they would make this statement without careful consideration first. I find the company’s decision to comment on the edupatent issue in an unrelated press release to be very interesting.

  • Blackboard Announces New 'Institutional Effectiveness Platform'; Patents Pending

    From today’s press release:

    BbWorld Europe, Nice, France – February 26, 2007 – Blackboard Inc. (NASDAQ: BBBB), a leading provider of enterprise technology to the education industry, today unveiled, at the Annual BbWorld Europe 2007 Users Conference in Nice, its latest and most significant product offering, the Blackboard Outcomes System™ in front of 400 European and International e-Learning leaders. The new solution facilitates the continuous improvement of academic and administrative processes with a focus on student learning, academic programs and co-curricular activities.
     
    The Blackboard Outcomes System is a comprehensive, flexible platform to guide institutional effectiveness across the entire higher education institution or system– from classrooms to the President’s Office. It was developed with guidance from national assessment experts and dozens of academic institutions including private teaching colleges, research universities, systems, and community colleges.  The Blackboard Outcomes System leverages the capabilities and familiar user experience of the Blackboard Academic Suite™ to help institutions make evidence-based decisions, streamline assessment processes, and engage students in their own learning.

    I think it’s interesting that Blackboard is calling Outcomes its “most significant” product offering. That gives you some sense of where they think their market is going and where they think the bulk of their business is going to be in the future.

    Note also that many of Blackboard’s recent patent applications (reported by Mark Oehlert) appear to be related to this new product.

  • USPTO Orders Blackboard Patent Re-examined–Again

    We interrupt our regularly scheduled blog post to bring you this breaking news:

    Based on Desire2Learn’s Inter Partes request, the USPTO has ordered that the Blackboard patent be re-examined. This is a separate ruling from the one in response to the Ex Parte Sakai/ATutor/Moodle filing. As I have previously noted, the law requires that the USPTO issue a preliminary ruling along with a re-exam order in an Inter Partes challenge. That means we should know shortly whether the government is upholding the patent, narrowing it, or invalidating it altogether.

    Stay tuned.

    There are a number of events that are likely to cascade from this ruling rather quickly. I will not always have time to blog now about every post and development that I see. However, I will, at the very least, tag items I see for inclusion in the Edupatent Alerts. (I hope that you will do the same.) If you want to follow these developments closely, I strongly suggest that you subscribe by email or RSS.