A holding company called Personal Audio claims to have a patent covering the entire idea of podcasting. Over the years, it has succeeded in winning some lucrative payouts, including $8 million from Apple and $1.3 million from CBS. All without making a single item of product itself. In other words, Personal Audio is what lawyers politely refer to as a “Non-Practising Entity” (NPE), or, in more common parlance, a patent troll. However, the Electronic Frontier Foundation has succeeded, with the help of a crowdfunding campaign, in invalidating this patent, using a system introduced at the USPTO called “inter partes review” (IPR). Of course, Personal Audio has not taken this lying down. It has come up with a truly imaginative series of legal counterarguments: * IPR violates the 7th Amendment of the US Constitution (right to trial by jury in a lawsuit). * IPR encourages “collective efforts to invalidate patents” which “severely tilts the playing field in favor of the party or parties seeking invalidation”. * the EFF has been working together with defendants in their litigation. Fortunately, the Court of Appeals for the Federal Circuit (CAFC) -- the same appeals court that overruled Judge William Alsup in his verdict (in Oracle vs Google) that APIs were not copyrightable -- seems to be a bit less uncritically pro-“Intellectual Property” these days (something to do with being slapped down by the Supreme Court?), and has rejected these arguments. Imagine if all this creativity had gone into producing actual useful products, instead of legal arguments ... <https://arstechnica.com/tech-policy/2017/11/eff-destroys-the-podcasting-patent-one-last-time/>