[Updated 19 December]
Blackboard and Desire2Learn have settled their patent dispute, with details of the settlement undisclosed. Two anodyne quotes from John Baker and Michael Chasen are included in the media release that appears on both Desire2Learn's and Blackboard's web sites:
Chasen: "We are pleased to have resolved our differences with Desire2Learn. Bringing this matter to resolution is in the best interests of both of our organizations, our respective clients and the broader education community."Baker: "We're pleased to enter this agreement, and believe it is in the best interests of the educational community. We will continue to focus our attention on our clients, as well as the development of our products and services."
There is more from John Baker on Desire2Learn's blog, and [19/12/2009 update] this 15 December 2009 piece in Campus Technology by Dave Nagel has a reasonably clear potted history. Meanwhile Ray Henderson, ex boss of Angel Learning (acquired by Blackboard earlier this year), and now a senior Blackboard executive, writes a long and carefully crafted post that gives some insights into what looks to have been Blackboard's welcome decision to change its stance somewhat. Excerpt:
"The LMS software category is the result of many things, including plenty of community collaboration over a period of many years. Blackboard both contributed to and benefited from this history just as every other commercial software company or commercial open source services firm does today. While many others had patented specific innovations, the first case played out in public was bound to precipitate a great deal of concern both about the specific patent and the controversial area of software patents generally.
I’ve now had the benefit of reviewing the overall IP portfolio. To my eyes there are unique contributions in what I’ve seen. And so we face an important question: what business conduct best balances our various obligations and aligns with the values of the client community we serve?
Pondering the balance in this case, I came to the view that it was best for us to bring the matter with Desire2Learn to a close. This dialog has distracted attention from the many positive contributions to the industry that Blackboard has made and can continue to make."
Note. Here is a not very systematic list of other posts related to the Blackboard patent:
- 6 May 2009 - More rationalisation amongst e-learning businesses;
- 23 October 2008 - Blackboard vs Desire2Learn: what is the other side of the story?
- 31 May 2008 - Lucid summary of Blackboard's defence of its patent;
- 25 March 2008 - US Patent and Trademark Office merges re-examinations of Blackboard Inc.'s Patent Number 6988138;
- 7 March 2008 - Follow-up links relating to Blackboard's successful patent infringment claim against Desire2Learn (updated 7 March);
- 27 February 2008 - Riina Vuorikari - Patents and e-learning do not make a good match - what’s “Blackboard Inc. vs. Desire2Learn” gotta do with the EU?;
- 9 February 2008 - Blackboard v Desire2Learn: Joint Final Pre-trial Order;
- 3 August 2007 - Blackboard Inc. v Desire2Learn - court issues order construing claim terms;
- 20 June 2007 - Blackboard v Desire2Learn - claim construction briefs filed;
- 1 February 2007 - Blackboard issues "Patent Pledge";
- 25 January 2007 - United States Patent & Trademark Office orders re-examination of Blackboard Patent;
- 9 December 2006 - Two contrasting views about software patents. A debate between Eben Moglen and Blackboard's Matt Small;
- 2 December 2006 - Blackboard: two separate re-examination
requests to the US Patent and Trade Mark Office; and an application to the Court from Desire2Learn for a stay in proceedings; - 27 October 2006 - EDUCAUSE on Blackboard: "patenting a community creation is anathema to our culture";
- 16 October 2006 - John Mayer interviews various lawyers with patent knowhow;
- 10 September 2006 - The new "post-patent" environment for e-learning: a perspective. Guest contribution by Jim Farmer;
- 9 September 2006 - Blackboard's work for IMS;
- 8 August 2006 - Did the US Department of Justice know about the patent when it cleared Blackboard's acquisition of Web CT?;
- 26 July 2006 - Blackboard's US Patent 6988138.
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