This is the second re-examination request the Patent office has considered; the previous was on behalf of the open source learning management systems. In the wacky world of U.S. patents, though, Desire2Learn could end up paying even if the patent is overturned, as the East Texas kangaroo court where the case is being held has refused to stay the proceedings pending the results of the re-examination. That's what happened to Research in Motion - they overturned the patents but still had to pay a settlement. See also Seb Schmoller, Michael; Feldstein.
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