In yet another twist to the often arcane but potentially far-reaching patent dispute between eLearning systems providers Blackboard Inc. and Desire2Learn Inc. (D2L), the U.S. Patent and Trademark Office (USPTO) in late March took “non-final” action that deemed all of Blackboard’s 44 patents invalid.


The latest development in the closely watched case came about a month after a federal district-court jury in Texas handed down a $3.1 million judgment in Blackboard’s favor. The USPTO’s action gives both companies 60 days to respond before a final decision is made, and

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