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Federal Circuit Rules in Favor of Public Interest Group Standing at PTAB, PTAB Litigation Blog

August 2017

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In Personal Audio, LLC. v. Electronic Frontier Foundation, No. 2016-1123 (Fed. Cir. Aug. 7, 2017), the Federal Circuit reviewed a Patent Trial and Appeal Board ("PTAB") decision invalidating claims of U.S. Patent No. 8,112,504 ("the ’504 Patent"). Personal Audio, LLC. was the patentee of the ’504 Patent. Electronic Frontier Foundation ("EFF") is a non-profit, public interest organization representing digital technology consumers. EFF petitioned to review the ’504 patent based on two printed publications. During an inter partes review, the PTAB found claims of the ’504 Patent to be anticipated by and obvious over the printed publications. Personal Audio, LLC. sought appeal to the Federal Circuit.

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