Jackson Walker Obtains Dismissal of Patent Litigation Suit Involving Podcasting Patent

October 1, 2014 | Client Results



Jackson Walker won a major victory for its client, comedian Adam Carolla’s Lotzi Digital, Inc. (“Lotzi Digital”), when plaintiff Personal Audio, LLC dismissed its claims against Lotzi Digital shortly before the pre-trial conference.

The terms of the dismissal, which did not require any payment from Lotzi Digital, were approved by the U.S. District Court for the Eastern District of Texas on August 15, 2014.

The dismissal order ended a high-profile legal battle that began in early 2013, when Personal Audio sued Lotzi Digital, claiming that its popular podcasting programs, including “The Adam Carolla Show,” infringed on a patent held by Personal Audio. Lotzi Digital asserted that no infringement, literal or otherwise, had taken place, and launched a vigorous defense.

The case garnered significant media coverage and the support of The Electronic Frontier Foundation, which, in partnership with Harvard’s Cyberlaw Clinic, launched an independent challenge to the Personal Audio patent. That case remains in play and is scheduled to be heard before the U.S. Patent and Trademark Office Patent Trial and Appeal Board.

Jackson Walker attorneys David Folsom, John Jackson, Chris Rourk, and Matt Acosta represented Lotzi Digital, Mr. Carolla‚Äôs podcasting company, in the case. The successful outcome in this case highlights the strength of Jackson Walker’s IP Litigation group, which has significant experience representing clients in the Eastern District of Texas, including having appeared as counsel of record in more than 75 patent cases in the District during the past five years.