Blackboard Inc. filed a legal response today to a legal response that Desire2Learn filed last week, setting the stage for a court battle between the rival e-learning software companies. In July Blackboard sued Desire2Learn for alleged patent infringement. The patent in question, awarded to Blackboard in January, covers the company’s e-learning software.
The awarding of the patent has generated much controversy among college officials who believe it is too broad. Desire2Learn has argued that other organizations developed technology that is similar to Blackboard’s before that company filed for its patent and accuses Blackboard of not turning in all pertinent information to the U.S. Patent and Trademark Office (The Chronicle, September 19).
In Blackboard’s response, the company says that its technology is unique and that the Patent Office received all necessary information to make its decision. Blackboard officials also say that this should be the last legal response for now, and the discovery phase of the trial should begin in the fall. —Dan Carnevale
