Desire2Learn Fights eLearning Patent 65
Nordelius writes "Desire2Learn has responded to the patent infringement claim (PDF) cited by Blackboard Inc. regarding eLearning systems. They have argued that Blackboard was negligent in not submitting details of prior art with their patent application, and further alleged that the material described by the patent was documented in 1998 (PDF) by a collaborative international organization, IMSprogram.org, which was actually working with Blackboard at the time."
That PDF is long (Score:2)
I stopped reading after the first paragraph.
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Then perhaps you should have kept reading. The only thing they "admit" is they are, indeed, an Ontario Corporation.
2. Upon information and belief, defendant Desire2Learn ("D2L") is and has been a corporation organized under the laws of Canada, having its principal place of business at 72 Victoria Street South, Suite 401, Kitchener-Waterloo, Ontario, Canada N2G 4Y9.
ANSWER: Desire2Learn states that it is a corporation organized under the laws of the Province of Ontario with its principal place of business
Patent the wheel (Score:1, Interesting)
Re:Patent the wheel (Score:5, Funny)
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You don't have to prove much of anything to get a patent.
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Actually, that sort of behavior would indicate that the system is working. After all, people are inventing things to strike up the bounty that a patent offers them. That's exactly what the patent system aims to do.
``T
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Surely you are not arguing that a patent that covers the entire lifespan of the product are good. The point of a
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A reply to my comment, reenforcing my idea, though confusing my t
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Whoops...When I said "It is a sad thought..." I meant for it to mean it is sad to think an original inventor might not receive the first patent on their product, and that someone else might gain the rights to the invention. In your comment, you're stating (better than I) exactly what I was tryi
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</ rapid patent defense>
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Oh, these silly companies and their patents (Score:3, Funny)
...crickets...
Good grief! (Score:1)
A Recent BlackBoard User (Score:2)
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My apologies If I have offended any online instructors as well. Although, there are a good number of online instructors who aught to to be offended. I went to a private college (thank you GI Bill!!!), my freshman courses had maybe 30-40 students, we graduated the Assoc degree with 7. Two cohorts combined for the bach degree and we graduated 8. Another cohort jumped in and we graduated the 2nd bach degree wit
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From the point of view of a university lecturer: agreed.
Incidentally, precisely because of this suit I've foresworn the use of Blackboard for a course I'm going to be teaching over the summer. Instead I'll be using good old fashioned WWW pages in conjunction with a password-protected Google Group. That combo provides the same functionality, and without any of the slowness and unreliability. Oh, and they don't cost six-figure sums per annum.
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you must be new here... Still, jokes asside, it is stupid; obvious, overly broad and has existed pretty much since the internet began. Basically this is passing knowledge around (as it has for thousands of years), but crucially on the internet!
When will people learn that saying "doing X, on the internet" doesn't make it new or non-obvious?
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Whiteboards (Score:1)
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The first claim is:
"1. A course-based system for providing to an educational community of users acces
Prospecting in the idea space (Score:2)
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I don't see them going after Yahoo. If Yahoo can serve as a "learning" environment both inside and outside academia I'm not sure that blackboard has ANY valid claims.
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The Patent Card (Score:1)
It seems software patents only protects the first person to file a patent instead of the person, or community, who invented it and willingly shared it.
Question: any liability? (Score:4, Insightful)
It would seem that there is no incentive not to file for every idea imaginable, if the repercussions are non existent or minimal.
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Blackboard wouldn't be t
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Well then, withdraw your proxy's voting rights, attend the next stockholders' meeting, and voice your concerns.
More than "must get money at all costs" corporations are beholden to follow their stockholders' wishes. If (in the general scheme of things) stockholders start to express concern that their company is wasting its money patenting someone else's invention, or better yet, express concern that the co
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It costs a lot of money to file a patent application, which is the only real disincentive not to file tons of applications.
If you file for a patent, knowing its invalid, and your patent issues, your patent can be invalidated for inequitable conduct.
Also, if you know your patent is invalid, and try to assert it (i.e. sue someone for patent infringement), you could commit patent misuse (rendering your patent unenforceable) or violate various antitrust (Sherman Act section 1) and unfair competition laws.
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The allegation that they withheld prior art is in reference to 37 CFR 1.56, the Duty to Disclose information to the patent office. In brief, this means that if you (the attorney, inventor, or assignee (owner) of the patent application) knows that there is some relevant prior art, regardless of whether or not that establishes novelty or non-obviousness, you are obligated to provide those documents to the USPTO. This is lar
Learning is fun! (Score:2)
Ah, educators! So noble!
Actually, there *is* a lesson here for all of us, although not the one the evil[TM] lawyers and MBAbees would want us to learn.
Negligent? Hm. (Score:3, Interesting)
Negligence won't cut it. On the other hand, it appears that they have extensively argued that Blackboard fraudulently withheld prior art during prosecution.
That doesn't mean it will go anywhere. Allegations of inequitable conduct are fairly common by defendants. It's very hard to prove an intent to deceive, though.
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When you file a pate
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That's 2 felonies. IIRC - I have only worked on 1 - that last line on the patent also states that the statements given are true under penalty of perjury. Now if I write up a patent, sign that I know
Learning is free (Score:2, Informative)
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Thanks for that, I wasn't aware of it. That may be very useful, since I don't have the necessary skills to set up Moodle by myself. In my efforts to boycott Blackboard I had been planning to use open-access WWW pages, supplemented by other facilities, for my coming summer courses; but I'll take a close look at this (Incidentally, they call themselves Nfomedia, not "Available". Is that an old name?)
They do say it's currently available only to 104 universities, mostly in the USA and a few in the UK, but it d
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Umm Cyber llearning was around before 1998 (Score:1, Informative)
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This is exactly the problem with software patents. Parties can claim ownership of entire concepts, and prevent anyone from offering a competing, potentailly better alternative. We're essentially stuck with whatever the so-called "inventor" wants to provide, quality notiwithstanding.
Stick it to 'em, D2L! (Score:2)
The court dismiss Blackboard's request for relief
The court find the patent unenforceable
The court find the patent invalid
Attorney and legal fees for D2L's defense of this case
any other fines that the court deems appropriate
Man, I hope they win.
Microsoft-Related Patent Troll Attacks (Score:1)
Patent fight rattles academic computing
http://news.yahoo.com/s/ap/20060827/a p_on_hi_te/e_learning_dispute
Also, Quote:
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Every day, millions of students taking online college courses act in
much the same way as their bricks-and-mortar counterparts. After
logging on, they move from course to course and do things like submit
work in virtual drop boxes and view posted grades - all from a
program running on a PC.
Click to learn more...
It may seem self-evident that vi
Boycott Blackboard Petition (Score:2, Informative)