Updated 24/7/2008
In September 2005 I wrote this:
"Epic plc to be taken over by the Huveaux plc. Epic plc
is a major and successful UK e-learning company. I've occasionally
reviewed Epic's often useful e-learning White Papers in Fortnightly
Mailing, and some readers may have read an online interview with me
which appeared in Epic's July Newsletter.
Over the past few months Epic has had a friendly "suitor". At the end
of July the boards of Huveaux and Epic announced the terms of a recommended share and cash offer [68 kB PDF - link now dead]
for Huveaux, to acquire Epic, with approval to be sought for the deal
from Huveaux's shareholders at an Extraordinary General Meeting, on 7
September. (Huveaux
was formed in 2001 with the objective of "building a substantial
publishing and media business focused on the creation and delivery of
"must have" information across both the public and private sectors".)
On 12 August, Futuremedia plc, another UK-based e-learning company,
just round the corner in Brighton from Epic, also announced its
interest in buying Epic, but by 18 August, Huveaux had gained control of Epic,
rendering Futuremedia's interest irrelevant. Donald Clark, Epic's Chief
Executive, will stand down from this role, and become a consultant to
Huveaux."
I believe Huveaux paid over £20m for Epic. The offer valued the entire issued share capital of Epic at approximately £22.7 million.
33 months years later Huveaux has now sold Epic to successful entrepreneur Andrew Brode, for less than it originally paid (~£5m? ... which would imply an average loss of value since the original sale of over £1m per quarter). Jonathan Satchell, brought in by Huveaux in December 2007 to find a buyer, will continue as Epic's CEO. My guess is that away from Huveaux's largely print-based stable, Epic will thrive once more. Update - 24/7/2008. This 24/7/2008 post by Epic's founder, Donald Clark, has more.
Dr Ray Mercer's evidence for Desire2Learn about prior art
The US Patent Office is currently re-examining the e-learning patent it awarded Blackboard early in 2006, following Desire2Learn's and the Software Freedom Law Centre's successful inter partes and ex parte re-examination requests. Dr Ray Mercer's 26 June 2008 evidence for Desire2Learn [450 kB PDF] - part of the supporting material to Desire2Learn's Comments by third party requester to patent owner's response in inter partes reexamination [570 kB PDF] - is not for the feint hearted. Ideally it needs to be read in parallel with Dr Mark Jones's evidence for Blackboard [320 kB PDF], to which it is, in effect, a response.
Step by step, Mercer sets out the extent to which, in his opinion, Patent Number 6,988,138 was anticipated by prior art, and thus should never have been granted by the US Patent Office. Mercer concentrates in his evidence on several different sources of prior art, including Serf, Top Class 2.0 and Virtual Campus (early on-line learning systems).
Most interesting to me was his consideration of the EDUCOM/NLII Instructional Management Systems Specifications Document Version 0.5 (April 29, 1998), which I wrote about at the end of August 2006. The feeling I get from reading Mercer's evidence is that Desire2Learn might have benefited from it during Blackboard's infringement case earlier this year (which Desire2Learn lost, comprehensively); and I'm puzzled as to why it was not obtained earlier in the process. (My eye has been rather off the Blackboard/Desire2Learn ball in recent months, and it is entirely possible that I missed an earlier Mercer document.)
Posted on 28/06/2008 in News and comment | Permalink | Comments (0)
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