EFF succeeds in podcasting patent IPR proceeding at the PTAB

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EFF succeeds in podcasting patent IPR proceeding at the PTAB

The USPTO has invalided claims in the “podcasting patent” challenged in an inter partes review petition from the Electronic Frontier Foundation

eff-logo-plain-300.jpg

The Patent Trial and Appeal Board (PTAB) invalidated claims 31-35 of Patent No. 8,112,504.

The “podcasting patent” became big news in 2013, when Personal Audio began demanding licensing fees from podcasters including comedian Adam Carolla and three television networks.

In petitions filed with the PTAB, the Electronic Frontier Foundation (EFF) argued that Personal Audio did not invent anything new before it filed its patent application, and pointed out other people were podcasting for years previously.

“Today is a big victory for the podcasting community” said EFF Staff Attorney Daniel Nazer, who also holds the Mark Cuban Chair to Eliminate Stupid Patents. “We’re glad the Patent Office recognized what we all knew: ‘podcasting’ had been around for many years and this company does not own it.”

EFF partnered with attorneys working pro bono and the Cyberlaw Clinic at Harvard's Berkman Center for Internet and Society to craft the petition for review with the USPTO.

Comedian Mark Maron appeared happy with the news on Twitter.

more from across site and SHARED ros bottom lb

More from across our site

Leighton Cassidy Legal hopes to leverage its founder's international experience and provide clients with a rare chance to receive litigation and prosecution under one umbrella
UKIPO rejects trademark application for 'Cristiano Ronaldo Origins' following opposition by Beck Greener client in a rare case that considered actual use
Partners at both firms have voted in favour of the tie-up, which marks ‘the largest law firm merger in history’
Head of IP, Andrew Brennan, and new partner, France Delord, explain how tech provides an edge in the battle for global brand owners’ business
Anton Hopen, shareholder at Trenam Law, shares how counsel should construct Section 101 claims as early 2026 PTAB data shows reversals rising in technical cases
Law firms should consider how they can help clients, as report calls on EU to use IP-backed financing to increase bloc’s competitiveness and attractiveness for businesses
In the final part of a series on challenging patent invalidation decisions in China, lawyers at Spruson & Ferguson and Marshall Gerstein share how courts adjudicate appeals
Stijn Debaene and Carina Gommers want Brussels-based Cast Law to be the place 'everybody wants to work'
The combination between Ashurst and Perkins Coie, which will create a $2.8 billion law firm, is expected to close in Q3
While Sipara will continue operating under its existing name and leadership for now, both firms plan to present a united front at the INTA Annual Meeting in London
Gift this article