e-Literate

Present is Prologue

Tag: Blackboard-Inc.

  • A Meeting of the Parties Today

    We’re a bit behind in getting Jim’s post up. (Or, to be more accurate, I’m a bit behind in getting Jim’s post up.) My new goal is to have up tonight. Also, we haven’t yet seen the jury’s documentation of their verdict, so that will wait a bit longer as well.

    In the meantime, there is a meeting today between Blackboard and D2L to see if they can reach an agreement on the remedy given the court ruling. (If not, then each side will present their argument for to the judge and the judge will decide on things like whether there will be an injunction, whether there will be a royalty and how much it would be, etc.) If the two sides come to an agreement we’ll know within a couple of days; otherwise the court will rule on March 10th.

    I don’t want to read to much into this, but it’s interesting that Blackboard has chosen Peter Segall (along with Matthew Small) to represent them in the talks. Peter is very well regarded as diplomat by a lot of folks (including me) and is not generally perceived to be an edupatent warrior.

  • The Market Reaction to Blackboard's Court Victory

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    Down half a percent on the day.

    Translation: “Eh.”

  • The Instructions to the Jury

    As I indicated in previous posts, the jury questionnaire should be made public by the end of the day today. It will take us some time to sort through it once it’s out, so expect updates over the next couple of days. In the meantime, D2L has posted the judge’s instructions to the jury. Written in plain, accessible English, the document gives a pretty clear picture of what the jury was asked to consider and clears up some common misconceptions. (For example, the jury was asked to rule on the patent’s validity.) It’s worth the read.

    Along these lines, Jim Farmer will be posting a first-hand account of the trial in advance of the detailed analysis of the outcomes (probably tomorrow).

  • Blackboard Seeking an Injunction Against New US Sales

    From the latest piece in The Chronicle:

    Mr. Small said colleges have nothing to fear. Blackboard isn’t seeking an injunction against any of Desire2Learn’s already-installed products. It is hoping, however, to persuade the court during a hearing scheduled for March 10 to ban the company from future sales of its course-management system in the United States.

    If the judge rules against an injunction on that matter, Blackboard will ask that Desire2Learn pay royalties on any new sales, in addition to the $3.1-million awarded for lost profits and back royalties. At the start of the trial, Blackboard was seeking $17-million.

    The detailed jury ruling should be published by the end of the day today. (The judge gave the jury a detailed questionnaire to fill out as part of the process.) We’ll know a lot more from that.

  • The Sakai Foundation's Response

    Executive Director Michael Korcuska has posted a response on his blog. In my opinion, it hits all the right notes and is well worth reading in its entirety. I’ll just highlight one particular point Michael makes that I think is particularly important:

    One of the main reasons the Sakai project was started in the first place was to provide more choice for the higher education community. We hope that D2L will continue to offer its product in the United States. We do not want to see this verdict result in less competition and fewer choices in the marketplace.

  • D2L's Letter to their Customers

    From their patent blog:

    Dear Client,

    I am writing to update you on the current status of the Blackboard v. Desire2Learn Patent Infringement lawsuit. Earlier today the jury handed down its verdict that the patent is valid and that Blackboard should be awarded damages of approximately $3 million.

    As you know, Blackboard filed a patent infringement suit against Desire2Learn on July 26, 2006. Blackboard claimed that Desire2Learn was infringing all 44 claims of patent number 6,988,138. Last summer, the Court eliminated the first 35 claims of the suit.

    From the time we were first served with the suit we committed to you, our valued clients, as well as to the educational community at large, that we would defend ourselves vigorously in this matter. From the outset of this case we knew that we had an obligation to stand up against Blackboard and that our actions in doing so would be in the best interest of the entire educational community.

    For the past two weeks, we have been in Lufkin, Texas, heavily engaged in the trial at the Lufkin Federal Courthouse. The case concluded yesterday with closing arguments. The jury deliberated for a number of hours before returning its verdict today.

    There is no immediate threat to you our clients. We will work with you to ensure there are no future issues. We are financially sound and are confident of our ability to work through this matter.

    With your support and that of the entire educational community, we were able to present a strong case. While we are disappointed that the jury did not agree with our position, we will continue to challenge the patent’s validity and Blackboard’s charges of infringement. We are currently evaluating our next steps.

    The United States Patent and Trademark office has committed to reviewing the patent. As these activities take place we will provide you updates through our patent blog at www.Desire2Learn.com\Patentinfo.

    We promise to communicate as much as possible as more information becomes available. In the meantime I would like to thank you once again for your incredible support through all of this. We look forward to continue working with you to advance teaching and learning worldwide.

    Best Regards,

    John Baker,
    President and CEO
    Desire2Learn Inc.

  • Blackboard Won

    This just in:

    A Texas jury has found Kitchener software company Desire2Learn Inc. guilty of infringing on an American competitor’s patent.

    The verdict, announced this afternoon, allows Blackboard Inc. to demand a ban on sales of Desire2Learn’s products in the United States.

    The jury in Lufkin, Texas, awarded Blackboard damages of $3.1 million US for royalties and lost profits, according to Judge Roy Clark’s assistant.

    The case has generated strong interest from the university community. Some information-technology professors fear Blackboard will use its patent, granted in 2006, to dominate its industry.

    Blackboard is already by far the largest company offering classroom management software, which teachers use to communicate with students

    I’m speechless.