"In summary, we affirm the district court’s decision that claims 1-35 are invalid as indefinite. Because we hold that under the proper construction of claim 36, claims 36-38 are anticipated as a matter of law, we reverse the district court’s failure to grant JMOL (Judgment as a Matter of Law) on that issue. We do not reach Desire2Learn’s assertion that claims 36-38 are obvious. We also do not address the parties’ contentions with respect to infringement of those claims. Based on our rulings in appeals No. 2008-1368 and 2008-1396, Blackboard’s appeal in No. 2008-1548, which pertains to the award of costs in the district court, is dismissed as moot. Each party shall bear its own costs for these appeals. AFFIRMED IN PART, REVERSED IN PART, and DISMISSED IN PART."
Desire2Learn reports on today's Court of Appeal decision, from which the above excerpt is the conclusion, arguing that the judgement represents an across-the-board ruling in favour of D2L. Though I do not doubt that the decision represents at least a bit of a setback for Blackboard, I have a "wait and see" feeling about what the full implications of the decision are; and it is patent lawyer commentary that I am now most interested in reading. [30/7/2009. Below are some links to such commentary.]
- 28/7/2009 - Bruce T Weider, of DowLohnes PLLC;
- 29/7/2009 - by Jim Singer, a partner in the Intellectual Property Practice Group of Pepper Hamilton LLP;
- 30/7/2009 - detailed explanation as to why the Court of Appeal found against Blackboard in "Patents and the Financial Services Industry", edited by Christopher Hilberg, Patent Attorney with Oppenheimer Wolff and Donnelly;
- 31/7/2009 - Michael C. Smith of Siebman, Reynolds, Burg, Phillips and Smith, LLP - a brief and intelligible summary.
Hal Abelson on Google's "App Inventor for Android"
14 July 2010 update - see also this post about the launch of App Inventor as a publicly available beta product.
Hal Varian is not the only academic (nor Hal...) seconded to Google. Hal Abelson is an eminent professor of computer science and engineering at MIT, and a very influential figure in the field. He was founding director of Creative Commons and of the Free Software Foundation. Over the last year he has been working on secondment to Google on a project about using the Android Open Source operating system as platform for learning computer science. He now reports on this in the Google Research Blog. This excerpt is about as succinct a summary as you will find of the "architectural shift" that is taking place:
Abelson goes on to announce App Inventor for Android, which "lets people assemble Android applications by arranging 'components' using a graphical drag-and-drop-interface", and which will be trialled with students in a group of around a dozen universities (all in the US bar the University of Queensland) in Autumn 2009. The rationale for the development of App Inventor for Android is that the architectural shift needs to be matched by a shift in the computer science curriculum "to make it more about people and their interactions with others and with the world around them", so that people "can engage the world of mobile services and applications as creators, not just consumers".
Abelson concludes:
For me, this development raises several interesting issues:
1. Where are UK (on Indian, for that matter) Universities in developments of this kind? Are they not involved because there have been no opportunities, or because they've responded to calls and failed?
2. Openness (of approach, software etc) as a key vehicle to support innovation. It is hard to see an equivalent initiative being taken using the software components that the iPhone relies on.
3. Users as creators of applications. Note the broadening of emphasis from users as creators of content to users as creators of tools.
Posted on 01/08/2009 in News and comment | Permalink | Comments (2)
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