EFF succeeds in podcasting patent IPR proceeding at the PTAB

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Sources explain why return-to-office mandates could hamper efficiency at the USPTO
The Unified Patent Court surpassing 700 cases and a row between Apple and PanOptis were among the top talking points this week
Partners at four firms explain how they help clients join in the hype around the big game without attracting the NFL’s wrath
We discuss how law firms are using AI, whether remote working has resulted in cost-savings, and what corporate counsel want from their advisers when it comes to DEI
Matthew Yeates, managing director at Integrated IP, discusses its acquisition of Clark IP and reveals further expansion plans
Paul Lee discusses moving from venture capital to IP, why lawyers are becoming more receptive to tech, and why he starts his day with a cold plunge
Barbara Lawton, a counsellor and mental health trainer at wellbeing charity Jonathan’s Voice, outlines tips for engaging with vulnerable people
New partner Amir Ghavi, who will help launch the group, says he expects more lateral hires in the coming weeks
Counsel at three firms reveal the tools they’re using to generate patent invalidity claim charts and why they’re making investments in the technology
Eric Lee says the firm’s thought leadership on artificial intelligence convinced him to move
Gift this article