08 August 2017
Washington DC
Reporter: Barney Dixon

EFF wins podcasting patent challenge

The Electronic Frontier Foundation (EFF) has won its battle against a podcasting patent owned by Personal Audio that claimed supremacy over digital broadcast downloads.

The US Court of Appeals for the Federal Circuit upheld a US Patent Trial and Appeal Board (PTAB) decision to invalidate the patent on 7 August.

According to the EFF, others were podcasting before Personal Audio filed its patent in 2009. The Federal Circuit agreed that the patent was obvious and anticipated by these references.

The EFF said the patent was used by Personal Audio to “threaten podcasters big and small”.

The US patent (8112504) covered a system for disseminating media content representing episodes in a serialised sequence. Personal Audio described it as directing to “podcast technology”.

More than a thousand people donated to the EFF’s Save Podcasting campaign and the group said that it would continue to defend podcasting should Personal Audio seek input from the US Supreme Court.

Daniel Nazer, staff attorney at the EFF and the Mark Cuban chair of Eliminate Stupid Patents, said: “We’re pleased that the Federal Circuit agreed that the podcasting patent is invalid.”

“We appreciate all the support the podcasting community gave in fighting this bad patent.”

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