It was big news, I find it a shame I missed it by being on holiday, although I dare say the mountains where worth it. The great advantage is that I now can look back and see what has turned up in the huge discussion which ensued. I have definitely not read everything written on this matter though, everybody seems to have been up in arms.
In short: Blackboard registered a patent claiming they were the first to have developed an e-learning system. It turned out that their claim is specifically that they developed:

' 1. A course-based system for providing to an educational community of users access to a plurality of online courses, comprising:
a) a plurality of user computers, with each user computer being associated with a user of the system and with each user being capable of having predefined characteristics indicative of multiple predetermined roles in the system, each role providing a level of access to a plurality of data files associated with a particular course and a level of control over the data files associated with the course with the multiple predetermined user roles comprising at least two user's predetermined roles selected from the group consisting of a student role in one or more course associated with a student user, an instructor role in one or more courses associated
with an instructor user and an administrator role associated with an administrator user, and
b) a server computer in communication with each of the user computers over a network, the server computer comprising: means for storing a plurality of data files associated with a course, means for assigning a level of access to and control of each data file based on a user of the system's predetermined role in a course; means for determining whether access to a data file associated with the course is authorized; means for allowing access to and control of the data file associated with the course if authorization is granted based on the access level of the user of the system.

36. An (sic) method for providing online education method (sic) for a community of users in a network based system comprising the steps of:
a) establishing that each user is capable of having redefined
characteristics indicative of multiple predetermined roles in the system and each role providing a level of access to and control of a plurality of course files;
b) establishing a course to be offered online, comprising
i. generating a set of course files for use with teaching a course;
ii. transferring the course files to a server computer for storage; and
iii. allowing access to and control of the course files according to the established roles for the users according to step (a);
c) providing a predetermined level of access and control over the network to the course files to users with an established role as a student user enrolled in the course; and
d) providing a predetermined level of access and control over the network to the course files to users with an established role other than a student user enrolled in the course.'
Read the entire patent

These are the central claims in their patent. I cannot claim that I was busy nosing about in a VLE at the time they claimed to have developed this. My involvement is of a later date. However, I find it hard to imagine that they were the first to think of this approach in developing an e-learning system. All the elements were already available at the time as can be read in the extensive records in the Wikipedia entry on VLE's. So how much right do they have to claim the use of technology to develop an e-learning system when this is exactly what others were working on at that time? I find it a shame that WebCT is no longer on the market to fight their claim. This product was almost simultaneous in its development at the time.
As far as my opinion is concerned: I find it a shame they are trying to patent the e-learning system as this will definitely not spur innovation and development in this field. This can only lead to a concentration of further funding in the Blackboard company. In other words: there are no merits for the world of education in this patent.