The Software Freedom Law Center's (SFLC) request for a re-examination of Blackboard's patent for elearning systems has been granted by the US Patent and Trademark Office. Another request for re-examination by Desire2Learn is also pending. Speaking for the SFLC, Richard Fontana expresses optimism that these requests will either overturn the patent claim or else narrow it to the point that it no longer poses a threat to free software learning systems.

Filed on January 16, 2006, the Blackboard patent is for "a system and methods for implementing education online" by providing courses that "include assignments, announcements, course materials, chat and whiteboard facilities, and the like." In particular, the patent includes what amounts to group permissions for access to course materials. The patent was granted on July 26, 2006, and, on the same day, Blackboard filed a suit for patent violation against Desire2Learn, one of its leading competitors.