Blackboard acquired patent ‘138 and brought a lawsuit against Desire2Learn. I would say 80-90% of the commentary about this case has been from anti-Blackboard crowd with about 90% of the rest from the let’s-wait-and-see crowd. Blackboard very much has been mum on the subject. I do not recall a blog of a single Blackboard supporter saying how great it will be for them to win this case. All I have seen are assurances from Bb they do not intend to sue into the ground open source (after EDUCAUSE got on Bb’s case).

I understand motivations for filing a patent request. I understand why they started the lawsuit after getting the patent. What I don’t understand is the reasoning for why the patent was awarded. Also, I don’t understand why Blackboard won the lawsuit. In truth, I probably both have more and less information.

1. Examiner’s notes would describe the other bases of information about the decision.
2. Transcripts of the trial would describe what information the jury heard.

Lacking, this information, I cannot really put myself in the shoes of the people who made these decisions to understand why they were made.

In the realm of public opinion, Blackboard certainly has given its vocal detractors very strong ammunition. Mainly the complaints are about using lawsuits to suppress smaller companies and establish dominance rather than innovation to win over new customers. It is about fear and uncertainty.

Drink the Kool-Aid!!