Fed. Circ. Backs PTAB Nix Of Controversial Podcast Patent

Law360, New York (August 7, 2017, 7:50 PM EDT) -- The Federal Circuit on Monday upheld a Patent Trial and Appeal Board decision invalidating claims of a patent used to sue popular podcasters, who have mounted a public campaign against the patent owner, sealing a victory for the Electronic Frontier Foundation, which challenged the patent.

The appeals court rejected patent owner Personal Audio LLC’s argument that the board used an incorrect claim construction when it found several claims of the patent to be invalid as anticipated by a journal article and a master’s thesis.

“We have considered all of Personal Audio’s arguments, and affirm the PTAB’s conclusion that the challenged claims...

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