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

The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
Gift this article