Blackboard Now Suing USPTO

Michael Feldstein, Neuropsychiatric Disease and Treatment, Dec 01, 2008
Commentary by Stephen Downes

Talk about biting the hand that feeds you. Blackboard, which successfully sued Desire2Learn for a patent infringement earlier this year, is now suing the U.S. Patent and Trademark Office (USPTO) in an attempt to force it to abandon its review of the patent enforced in the court case. This creates what is known in logic as the fallacy of petitio principii. The court ruling presumed the correctness of the USPTO. Now the USPTO is being required to presume the correctness of the court ruling. See also Patently-O, from D2L, and the suit itself.
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