Blackboard’s patent is being reconsidered. The prior art built up following the original lawsuit and presumably cited in this request is not inconsiderable, so this is good news for Moodle and the like. I’d be very surprised if the patent wasn’t withdrawn.
Of course, software patents as a whole are probably unviable. This is a wider issue than VLEs, and not one that’s going to lie down quietly considering the amount of money involved. Consider the argument ongoing – but this is another example in a long line of patents that can’t be adequately defended.
As an aside, Groklaw is an excellent site for keeping track of software-related legal issues. Check out the Hallowe’en memo, verified authentic at last!