Update: Blackboard Inc. sues

By Jaryd Wilson

Published Sept. 29, 2006

A popular online learning application used at MU sued competitors over patent infringement.

Blackboard Inc. filed a lawsuit against Desire2Learn Inc., which produces a similar application, for infringing on a patent awarded to Blackboard in January.

According to Blackboard's complaint, Desire2Learn's applications, such as the Technology Suite, Learning Environment, Learning Repository and LiveRoom, violate Blackboard's patent.

Blackboard filed the suit in July in a U.S. District Court in Texas.

Melissa Chotiner, a spokeswoman for Blackboard, declined to comment Wednesday in an e-mail.

Chotiner directed requests for more information to the company's Web site.

MU uses both Blackboard and WebCT.

Blackboard acquired WebCT in 2005 in a $180 million deal, and WebCT is slowly being phased out at MU.

According to documents filed with the U.S. Patent and Trademark Office, Blackboard's patent is for "a course-based system" that allows users to access course material online.

"Desire2Learn was surprised by the litigation," Desire2Learn spokesman John McLeod said. "Blackboard issued a press release announcing ht epatent on July 26—and that sam day, filed suit against Desire2Learn. Blackboard made no attempt to communicate with Desire2Leard prior to filing its suit.

In a statement posted on its Web site, Blackboard states that it "has invested well over $100 million in the development of its educational products and relies on intellectual property laws to protect its technology investments."

"Desire2Learn filed its answer affirmative defenses and counterclaims to the blackboard suit," McLeod said. "In essence, the document denies that the patent claims are valid, that Desire2Learn is infringing and it further alleges that the patent is unenforceable."

Blackboard's patent is designed to "protect the innovations of our products as we make improvements to our software."