Blackboard Patent Case Goes to Trial

The Blackboard patent infringement case against Desire2Learn goes to trial on February 11, 2008 in Lufkin, Texas.  The trial is expected to last two weeks. Both sides will have no more than 18 hours to present their case.

A quick recap of the court case as it stands. Blackboard sued Desire2Learn for patent infringement on July 26, 2006.  The patent consists of 44 claims. The court rendered invalid claims 1-35, therefore, at issue in the trial are claims 36-44. The charge of infringement will be tried by a jury. In addition, Desire2Learn has charged "inequitable conduct" against Blackboard. That claim will be tried by the judge.

Blackboard is a publicly traded company with a market cap of over a $1 Billion. Desire2Learn is a small but rapidly growing Canadian company with a relatively loyal customer base. By all accounts Blackboard's patent is a stupid one and never should have been issued by the US Patent and Trademark Office (USPTO). The litigation cost (est. $4M - $8M) is a drop in the bucket for Blackboard. But it means a terrible bleed for Desire2Learn.

Regardless of the outcome of the case, students at our institutions have already lost.