Yesterday, Personal Audio, LLC filed a notice of appeal of the final decision of the Patent Trial and Appeal Board that invalidated all of the claims of the infamous “Podcasting Patent” that EFF challenged.
Personal Audio has an uphill battle: the Patent Office accepted virtually none of Personal Audio’s arguments and rejected their patent based on two different pieces of prior art. In order for Personal Audio to win, they’ll have to show that the Patent Office was wrong on both grounds.
We think the Patent Office got it right. The Podcasting Patent is invalid and never should have issued. EFF intends to vigorously oppose Personal Audio on appeal, with the help of our pro bono counsel.
As it currently stands, Personal Audio will likely file its opening appeal brief around the end of November.