EFF Challenge To Podcast Patent Advances In USPTO

Law360, Los Angeles (April 21, 2014, 9:57 PM EDT) -- The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board on Friday said Electronic Frontier Foundation has established a “reasonable likelihood” that it will prevail in its formal challenge to Personal Audio LLC’s patent-protecting podcast technology, which the EFF says is unpatentable based on prior art evidence.

The EFF filed a petition for inter partes review with the USPTO in October, saying patent-holding company Personal Audio didn’t invent podcasting and that certain claims of the so-called podcast patent were described in printed publications years earlier.

While the board hasn’t yet made a final determination on the patentability of any of the...

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