CBS Loses Lawsuit Brought By Podcast Patent Troll, But It's Not Over Yet

from the not-over-yet dept

For a while now, we've been following the saga of Personal Audio, the patent troll who argues that patent 8,112,504 covers podcasting and all other "episodic" content delivered over the internet. There are all sorts of problems with this claim, not the least of which is how Personal Audio was able to make "changes" to the patent long after podcasting had become popular in order to make it look more like the patent covered the concept. While Personal Audio agreed to drop its lawsuits against individual podcasters, it kept its case going against the big broadcasters: CBS, NBC and Fox.

The trial (in East Texas, of course) for CBS came first and the jury sided with Personal Audio, because that's how East Texas patent juries typically roll. In a moment of semi-kindness, the jury awarded Personal Audio $1.3 million, rather than the nearly $8 million they supposedly requested. This story is really just a stepping stone, however. CBS has made it clear that it will appeal the case to CAFC, and given how software/business method patents are getting tossed out left and right these days, the company has a decent chance of prevailing. Meanwhile, the EFF reminds us that it's still working hard to invalidate the patent at the Patent Office, which would help accelerate the process of killing off these bogus lawsuits. Also, while chances are the jury verdicts for NBC and Fox won't be that different, perhaps an East Texas jury will actually get a clue one of these days...

Filed Under: episodic content, networks, patent troll, patents, podcasts
Companies: cbs, personal audio


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  1. identicon
    JEDIDIAH, 18 Sep 2014 @ 7:57am

    We shall fight on the beaches...

    Well... NBC and Fox can afford to fight. Therefore they should fight. This patent is so bad that they should at least restrict it's perpetrator to a "victory" that's so hard fought that it's simply not profitable.

    Give them no easy victory. Make them fight for every inch. Make them pay as much to litigate as they might get in terms of an award.

    They need to discourage the next guy or there will be no end to this.

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