Last week Google faithfully notified me that Blackboard had responded to the USPTO rejection of their 'Alcorn' patent. It's maddening to think how much of a drain this whole thing has been to the education community. I didn't want to contribute any more to so I resisted posting anything about it. This morning I see that they are petitioning to have the USPTO drop the whole thing so that they can just get everything worked out in East Texas where they've been successful to-date.

It would be a real shame if the USPTO allowed Blackboard to circumvent the whole process and deferred to the courts. Remember that there are two filings in the USPTO against the patent. The inter-partes filing between Blackboard and Desire2Learn, and the ex-partes filing by the Software Freedom Law Center (SFLC) who filed on behalf of the education community. Blackboard is asking the USPTO to abandon both of these and let the courts settle it.

The latest D2L post :

April, 2008 – Matthew Small, Blackboard's Chief Legal Officer:

"Certainly we believe the reexamination process is a healthy process. It serves to generally strengthen patents, and this case is no different."

http://www.thejournal.com/articles/22358

May, 2008 – Blackboard's filing with the Patent & Trademark Office:

"Patent Owner Blackboard Inc. ("Blackboard") hereby petitions the Office to suspend the inter partes reexamination between Blackboard and Third Party Requester Desire2Learn Inc. . . ."

Petition To Suspend Inter Partes Reexamination Under 35 U.S.C 6314(C)