software patents for higher education icpl august 12, 2008
TRANSCRIPT
Software Patents for Higher Education
ICPLAugust 12, 2008
The Wisconsin Experience Set Against a Little History
July 26, 2006
Blackboard files a patent infringement lawsuit against Desire2Learn (D2L) claiming that D2L was infringing its patents—all 44 claims of
patent number 6,988,138.
Blackboard files a patent infringement lawsuit against Desire2Learn (D2L) claiming that D2L was infringing its patents—all 44 claims of
patent number 6,988,138.
This is the opening day of the 2006
Desire2Learn annual users conference.
19 months later…February 22, 2008
A jury in the Eastern District of Texas handed down its verdict that Blackboard’s patents are valid and
that Blackboard should be awarded damages of approximately $3
million from D2L.
A jury in the Eastern District of Texas handed down its verdict that Blackboard’s patents are valid and
that Blackboard should be awarded damages of approximately $3
million from D2L.
“There is no immediate threat to you our clients. We will
work with you to ensure there are no future issues.” –John
Baker
LISA-BLISA-BLISA-BD2LD2L
March 10, 2008
• MarThe Court issues a judgment and permanent injunction that prohibits
D2L from using or selling version 8.2.2 and earlier version in the US. Enforcement is stayed for 60 days,
or until May 10, 2008.
The Court issues a judgment and permanent injunction that prohibits
D2L from using or selling version 8.2.2 and earlier version in the US. Enforcement is stayed for 60 days,
or until May 10, 2008.
D2L announces it will release a redesigned product in the next few weeks that “leaves
no doubt as to noninfringement.”
LISA-BGeneral Counsel
LISA-BGeneral Counsel
D2LD2L
EDUCAUSEEDUCAUSE
LISA-BLISA-B
BTW…March 25, 2008
The US Patent Office rejects all 44 claims associated with
Blackboard’s patent (not a final ruling).
The US Patent Office rejects all 44 claims associated with
Blackboard’s patent (not a final ruling).
Back Home with Version 8.3
April 24, 2008
Blackboard General Counsel calls D2L clients
Blackboard General Counsel calls D2L clients
April 25, 2008
LISA-B institutions send letters to
Blackboard and D2L asking that the companies take
immediate action to mitigate
consequences for university customers.
LISA-B institutions send letters to
Blackboard and D2L asking that the companies take
immediate action to mitigate
consequences for university customers.
UW System General Counsel sends letter
to D2L General Counsel asking for
assurances from D2L.
UW System General Counsel sends letter
to D2L General Counsel asking for
assurances from D2L.
May 6, 2008
The Judge granted an extension of the stay of the injunction through June 11. D2L was ordered to pay $194,769 into an escrow account
for the benefit of Blackboard.
The Judge granted an extension of the stay of the injunction through June 11. D2L was ordered to pay $194,769 into an escrow account
for the benefit of Blackboard.
May 22-26
UW System upgrades toversion 8.3.
UW System upgrades toversion 8.3.
May 29, 2008
LISA-BGeneral Counsel
LISA-BGeneral Counsel
D2LD2L
LISA-BLISA-B
June 5, 2008
June 11, 2008
D2L wires $3,313,552.40 to Blackboard for full
payment of the judgment.
D2L wires $3,313,552.40 to Blackboard for full
payment of the judgment.
June 19, 2008
Blackboard files Motion of Contempt claiming version 8.3 is in
violation of the patent.
Blackboard files Motion of Contempt claiming version 8.3 is in
violation of the patent.
Almost 2 years from the beginning…July 21, 2008
The Court denies Blackboard’s Motion for Contempt.
The Court denies Blackboard’s Motion for Contempt.
This is the opening day of the 2008
Desire2Learn annual users conference.
http://www.desire2learn.com/patentinfo/