Michael Feldstein picked up on some good news on Desire2Learn's blog. The US Patent and Trademark Office has denied Blackboard’s request to suspend the re-examination process.

Bb and D2L have been fighting over the venue for the next round of the battle, with Blackboard asking the USPTO not to complete the re-examination process (despite having earlier said that a re-exam would only make their patent stronger) and D2L asking the US Court of Appeals not to hear Blackboard’s case until the USPTO issues a final ruling. D2L has won the first of these two battles.