Bloomberg Law
April 6, 2018, 6:09 PM UTC

Texas Jury Can’t Get Last Word on Podcast Patent, High Court Told

Tony Dutra

• Digital advocacy group responds to Personal Audio’s petition for Supreme Court review • Seventh Amendment’s reexamination clause doesn’t bar post-verdict patent challenges

The owner of a controversial patent asserted against podcasters can’t bar challenges to its validity just because one federal court found it valid, the Electronic Frontier Foundation argued in a brief filed with the U.S. Supreme Court.

The EFF, a digital advocacy group, succeeded in invalidating Personal Audio LLC’s U.S. Patent No. 8,112,504 at the Patent and Trademark Office. The U.S. Court of Appeals for the Federal Circuit affirmed.

Personal Audio petitioned the high court Jan. 30 ...

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