This week, Blackboard issued another FAQ which “is the result of numerous discussions with those interested in better understanding the Blackboard patent.” Do their answers make the topic clearer? Let’s do a question-by-question analysis and see. (more…)
Tag: Blackboard-Inc.
-
Blackboard's Patent FAQ #2: The Empire Strikes Back
Thanks to Al Essa for discovering Blackboard’s latest FAQ on the patent. I am thrilled that they have now put these statements out in public (as opposed to just whispering them in their clients’ ears privately) because it finally gives us an opportunity to address them head-on. The truth is that their claims about the scope of the patent, while literally true, are highly misleading.
I will wait for Al to post his forthcoming debunking of the FAQ before adding my own 2 cents.
-
(Almost) Back in the Saddle Again
Well, after a week of being crushed in moving boxes, I’ve managed to dig out enough to find my computer. Lucky for me Al Essa posted a week-in-review summary of the Blackboard EduPatentGate drama that helped me get back up to speed. Al has been doing a fantastic job of attacking the problem from a number of different angles. If you care about this issue and haven’t yet subscribed to his feed, you really should.
I’m working on some follow-up regarding the impact of patents on standards development and have should that plus at least a few other posts up this week, with the goal of getting back to normal by the beginning of next week. So stay tuned. In the meantime, you might enjoy reading a piece on EduPatentGate from Justin Pope at the Associated Press. Here it is on ABC News’ web site. Business Week, the Washington Post, and USAToday have also picked it up so far.
-
eCollege Has Patented the Gradebook
That’s right. In 2004, eCollege was granted a patent that, as far as I can tell, is for
- A gradebook
- An online syllabus
- A private student journal
Now, before you panic, ask yourself why eCollege has not sued anyone in the two years since they acquired the patent. The truth is that there are all kinds of reasons to file for a patent that you may never intend to litigate. In fact, one reason that many technology companies today are almost required to file for patents whenever they can is to build a defense against exactly the kind of action that Blackboard is taking against Desire2Learn. (more…)
-
BECTA to Europe: Don't Panic About the Blackboard Patent (Yet)
I meant to post this yesterday but the day got away from me. A reader asked me to call your attention to this announcement from the British Educational Communications and Technology Agency (BECTA):
1)Patents are valid only in the jurisdictions in which they are granted. The US patent granted to BBI will not have any direct/immediate impact on the Becta procurement process. There is currently no restriction on the supply of products within the United Kingdom which fall within the scope of the US patent.
2)BBI has made four European patent applications. The European Patent Office (EPO) procedure is complex and lengthy. The process can take at least 5 years. The process includes an international search for “prior art”. This has revealed two documents (Lee and Cook) on the basis of which the international examination report considers that the BBI claims could not be considered novel.
3)If the BBI applications are granted at the EPO, European Patents (UK) will be granted which will have the same effect as regular UK patents. BBI could seek to enforce its patents against potential infringers of the patents who are providing e-learning facilities in the UK. The patents will only be enforceable if they are valid. Any infringer sued by BBI would be entitled to counterclaim to invalidate the patents. The UK courts will analyse the validity of the BBI patents from first principles � the patents are afforded no ‘presumption of validity’ merely because they have survived examination in the EPO.
In short, there is no patent in Europe yet, it will take a long time for there to be a patent in Europe, and in the event that there is a patent in Europe, the EU’s patent law is much friendlier to challenging patents than current U.S. law. BECTA concludes by saying,
Becta considers that the Framework Agreement should proceed as planned. Suppliers should seek their own legal advice in this issue.
-
Why Desire2Learn CEO John Baker is Our Hero
While most folks paying attention to the Blackboard patent scandal have sympathy for Desire2Learn, I’m not sure how many people realize just how altruistic the company is being by fighting the patent. From a purely financial perspective, it is clearly in D2L’s interest to settle and pay a royalty, even though doing so would harm the rest of the community. I’d like to lay out exactly why I think Desire2Learn is doing an enormous public service and what we can all do to help ensure that their good behavior pays off in the marketplace.
-
The Blackboard Patent Crisis at Two and a Half Weeks
While marveling the events of the last several weeks, Jim Farmer suggested that it might be worthwhile to pause and reflect back on the sequence of events. I thought that was a good idea, so here it is. I don’t claim that it is any sense a definitive history. To the contrary, it’s just my personal experience of the situation. But it taught me something, so I thought it might be worth sharing. (more…)