January 2007 — News

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Blackboard, SFLC Respond to Patent Reexam

"This is just one step," he said. "We are going to continue to monitor this proceeding, even if we don't have further opportunities to reply. And we stand ready to file subsequent reexamination requests, if we find additional new issues of patentability that the Patent Office hasn't considered."

He added: "I see this as a way of helping the Patent Office. We believe that the Patent Office made a mistake the first time around in granting this patent. It's understandable in a way because their resources are stretched. And it's even possible, as Desire2Learn has alleged in their litigation, that Blackboard had prior art documents that it knew about and that it didn't provide to the Patent Office. So we're trying to correct a problem that existed.

"We hope that the larger outcome is that patent applicants will be more responsible when they try to apply for patents in the e-learning area and in other areas of software, and we hope that this has the ultimate long-term effect of making the patent system a better one and one that is administered in a better manner."

We'll keep you updated as the situation develops. For more information, see the links below.

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About the author: Dave Nagel is the executive editor for 1105 Media's educational technology online publications and electronic newsletters. He can be reached at dnagel@1105media.com.

Have any additional questions? Want to share your story? Want to pass along a news tip? Contact Dave Nagel, executive editor, at dnagel@1105media.com.

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Dave Nagel--, "Blackboard, SFLC Respond to Patent Reexam," T.H.E. Journal, 1/26/2007, http://www.thejournal.com/articles/20080

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