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Appellate Court Overturns Blackboard Patent; Blackboard To Press On By David Nagel07/27/09 [Updated 3:22 p.m. with comments from John Baker of Desire2Learn.] Blackboard's patent on learning management system technologies has been overturned by the United States Court of Appeals for the Federal Circuit. The court ruled Monday in favor of Desire2Learn and invalidated some claims in patent No. 6,988,138, also known as the "Alcorn patent" or the "138 patent." But the saga will continue.

Today's decision invalidated claims 36 through 38 of the Alcorn patent and upheld a lower court's invalidation of claims 1 through 35--all of the claims for which Blackboard had been suing Desire2Learn in this particular case

But Blackboard is continuing its litigation against Desire2learn on other intellectual property issues involving patents that the company has been granted since the Alcorn patent.