The Financial Impact of the Patent Loss on Blackboard

Michael Feldstein, Neuropsychiatric Disease and Treatment, Jul 28, 2009
Commentary by Stephen Downes

So D2L won and Blackboard lost and the web reactions are coming in thick and fast. In this item, Michael Feldstein observes "If you subtract the $3.3 million in income that [Blackboard] are going to have to return to D2L from the $2.8 million net profit, it appears that Blackboard's business actually lost $500K in 2008." Inside Higher Ed reports that Blackboard "show no signs of retreating in the wake of Monday's stinging defeat." Patently-O notes that "means-plus-function claims require disclosure in the specification even if the means are already well known in the art."

Campus Technology quotes Michael Small saying "the important fact here is that we are asking Dersire2Learn to either pay a reasonable royalty or make a valid workaround rather than using our intellectual property." No, the important fact here is that the court ruled that Blackboard didn't have any intellectual property. Michael Korcuska, from sakai blog, hopes - again - that this "marks the beginning of the end of this unfortunate and distracting chapter in the evolution of learning and collaboration software."
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