Blackboard Inc. calls to hold competitor in contempt Blackboard Inc. has asked U.S. District Judge Ron Clark of the Eastern District of Texas to hold Canadian-based Desire2Learn Inc. in contempt of court over ongoing issues related to potential patent infringement of software technology.
Desire2Learn, Blackboard's biggest competitor, has not removed the functionality that was infringed upon, said Mathew Small, Blackboard's chief legal officer.
The software in question allows users to have one account with multiple roles. An example of this is a university student registered as both a teaching assistant and a student.
The original decision in the case was made in February in favor of Blackboard. The jury found that Desire2Learn encroached on the software patent.
Part of the decision handed down by Judge Clark required Desire2Learn to stop any current sales of the questionable course-management software and gave Blackboard $3.1 million for the violation.
According to the contempt filing, Desire2Learn informed the court shortly after the verdict that it would update the software to conform to the court's decision in less than 30 days.
Desire2Learn officials said the content was removed before the new software was published.
A post on Desire2Learn's company blog said the movement wasn't unexpected but that the company only recently heard about it from a reporter.
"We are disappointed that Blackboard has chosen to continue this litigation," the post said.
Desire2Learn also referred to the recent rejection of Blackboard's 44 claims of infringement by the U.S. Patent and Trademark Office.
The post said the company would be releasing a full response to Blackboard's arguments. Desire2Learn is allowed to refute the claims before Clark rules on the order for contempt.
- Brett Alexander
