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US Supreme Court ends Podcast Patent Case

Podcasting has walked a fine legal line ever since its inception. Today brings news of a Texas company that was looking to create a licensing deal with various companies that later turned into a lawsuit, but ultimately went nowhere.

On Monday, the court denied a petition for certiorari filed by Personal Audio LLC, which originally sued comedian Adam Carolla for patent infringement and was threatening to sue other podcasters. Carolla and Personal Audio later settled the case

The EFF stepped in to challenge Personal Audio’s patent that describes a “system for disseminating media content representing episodes in a serialized sequence.” At this point, many people would consider Personal Audio as a patent troll. The company reached out to several podcasters and companies to tie them into a licensing deal in which they tacked on a lawsuit with

The EFF filed an inter partes review (IPR) challenge against the patent and it was then invalidated in 2015 in light of two earlier publications. One of these related to CNN news clips and the other to CBC online radio broadcasting.

On appeal, in 2017, the US Court of Appeals for the Federal Circuit affirmed the decision by the Patent Trial and Appeal Board (PTAB).

In a blog post, Daniel Nazer, senior staff attorney at the EFF, said Personal Audio then argued that the IPR process is unconstitutional, raising arguments “identical to those” presented in the Oil States Energy Services v Greene’s Energy Group case, in which the Supreme Court ruled in April that the IPR is constitutional.

With the Supreme Court denial earlier this week, the PTAB’s decision is now final and the patent claims Personal Audio asserted against podcasters are no longer valid, Nazer confirmed.US Supreme Court, podcast, patent, Electronic Frontier Foundation, IPR, PTAB

Source : World Intellectual Property Review

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