I think you will see that Blackboard have publically declared that they will not go after open source products. Many people will argue this came after the re-examination was announced - however it had been declared privately to me by various Blackboard staff long before the re-examination was announced.
I dont blame any commercial organisation for having a go at patenting anything - its a great way to make money and to secure your postion in the market place - the people to address criticism to is US Patent office who regularly issue ludcricous patents most of which are not accepted outside the US...... now I wonder did anyone remember to patent e-mail as a way of communication - maybe I can make my fortune LOL