CBS Corp. won’t have to pay a $1.3 million infringement award because a podcasting patent was invalidated by an administrative panel, the Federal Circuit said in a precedential decision.
The ruling underscores that parties must go to the Federal Circuit to challenge a Patent Trial and Appeals Board decision. Personal Audio LLC couldn’t fight in district court the legality of the Patent and Trademark Office tribunal’s finding that its patent was anticipated and obvious, and the Eastern District of Texas was right to toss the jury verdict in light of the board’s findings, the appeals court said.
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