Patent Board Gives EFF Go-Ahead On 'Prior Art' In Podcast Patent Challenge
April 24, 2014 at 4:28 AM (PT)
The U.S. Patent Office's Patent Trial and Appeal Board has handed the podcasting industry a critical positive determination, ruling that the ELECTRONIC FRONTIER FOUNDATION has established a "reasonable likelihood" that it will prevail in its challenge to PERSONAL AUDIO's assertion of patents on the process of distributing podcasts.
The ruling, which allows the EFF to proceed with its challenge, reflects the EFF's claim of prior art invalidating PERSONAL AUDIO's claim to have invented podcasting. However, the board, while accepting online broadcasts by CNN and the CBC as evidence of prior art, rejected the same argument regarding the pioneering "GEEK OF THE WEEK" by CARL MALAMUD, saying that a webpage cited for that show was not a "printed publication" under the statute and that another e-journal cited was actually a private e-mail exchange.
The decision, which is not final, aids the EFF's case, which is targeting the underlying patents being used by PERSONAL AUDIO, characterized by podcast industry figures as a "patent troll," to sue podcasters like ADAM CAROLLA. PERSONAL AUDIO has until JULY 3rd to respond to the board's ruling on prior art.