The USPTO has reversed itself and invalidated all 44 claims of the Blackboard Inc. Patent. Based on separate filings by D2L and SFLC, the U.S. Patent and Trademark Office issued a "non-final action" invalidating the Blackboard patent. It's important to note that the USPTO is "non-final", meaning that it is subject to comment and appeals.
Michael Feldstein comments: "This decision actually should have come before the trial verdict but was held up because the USPTO had to decide what to do about the separate filings from D2L and SFLC. Now, in addition to the fact that Blackboard will be able to argue against the ruling with the USPTO, there are a number of questions regarding how this affects the court case. Will the damages finding still stand? Will the USPTO ruling render moot D2L’s post-trial motion before the judge regarding invalidity? If not, will it imact that ruling? What happens to the issues of royalties and injunction going forward? I think that I know the answers to some of these questions but don’t want to post anything until I have some more authoritative information."