Fed. Circ. Won’t Restore $1.3M CBS Podcast Patent Verdict

Law360 (April 1, 2020, 8:27 PM EDT) -- The full Federal Circuit on Wednesday said it won’t reconsider a panel decision refusing to reinstate a $1.3 million verdict against CBS involving a podcasting patent invalidated in inter partes review after the verdict came down.

Personal Audio LLC asserted in its petition for rehearing that the panel’s January decision was wrong to conclude its argument that IPRs are unconstitutional was barred by its earlier appeal of the 2015 PTAB decision that found the patent invalid. The Federal Circuit affirmed that decision in 2017. 

But Personal Audio appealed again in 2018 after the district court vacated the 2014 jury verdict in...

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