Today EFF filed our response brief in the appeal of our successful challenge to Personal Audio’s podcasting patent. Back in April 2015, the Patent Trial and Appeal Board (PTAB) ruled in our favor and invalidated all of the patent claims we challenged. Personal Audio appealed this decision to the Federal Circuit.
We think the PTAB got it right. Personal Audio’s patent is invalid and never should have issued. Our brief explains that none of Personal Audio’s arguments provide a reason for disturbing the PTAB’s decision. Aside from being wrong on the merits, Personal Audio improperly raises arguments in the Federal Circuit that it didn’t present at the PTAB.
We expect that the Federal Circuit will hold a hearing this summer and issue a decision before the end of the year. We will post any further news about the appeal on this blog.
