Fed. Circ. Rules IPR Dooms $1.3M CBS Podcast Patent Verdict

Law360 (January 10, 2020, 8:35 PM EST) -- The Federal Circuit on Friday refused to reinstate a $1.3 million verdict against CBS involving a Personal Audio LLC podcasting patent that was invalidated in an inter partes review, saying the patentee’s argument that IPRs are unconstitutional was barred by a prior appeal.

The appeals court affirmed the Patent Trial and Appeal Board’s decision invalidating Personal Audio’s patent in 2017. It said Friday that since the company did not make the constitutional arguments about the IPRs at that time, it can’t make them now in appealing a judge’s decision to wipe out the verdict due to the invalidity finding.

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