Comedian and podcaster Adam Carolla has settled a lawsuit with a patent troll called Personal Audio. The suit emerged roughly a year and a half ago, when Personal Audio also sued HowStuffWorks and Togi Entertainment – all over a patent about a “System for disseminating media content representing episodes in a serialized sequence.”
TechDirt gets into the patent’s text here, while pointing out that Personal Audio had previously sued Apple multiple times, even claiming to have patents on the concept of playlists. It has also sued CBS, NBC, and FOX.
The EFF got involved to help the podcasters battle the troll.
Finally, just a couple weeks ago, Personal Audio put out a press release saying it had offered to dismiss the Adam Carolla suit. It dismissed those against Togi and HowStuffWorks in May and June. It said, however, that Carolla had rejected the offer.
Personal Audio CEO Brad Liddle said, “We are quite surprised that Carolla has turned down the offer that was accepted by his peers. Perhaps this is because he feels he can simply get his fans to fund his future, and now unnecessary, legal expenses. Or perhaps it relates to how he uses the case as material for his show. The fact of the matter is that Adam Carolla is asking people to donate money to him for a lawsuit that he no longer needs to defend. We would like his listeners to understand this situation when deciding whether or not to donate additional money to his cause.”
Ultimately, Carolla was able to raise half a million dollars from listeners.
Carolla and Personal Audio filed a motion to dismiss claims, which has been approved by the judge ahead of a trial, which was scheduled for next month. The suit and Carolla’s counterclaims have been dropped without prejudice.
The EFF says, “We can assume that Carolla did not pay Personal Audio a penny. We can also assume that, in exchange, Carolla has given up the opportunity to challenge the patent and the chance to get his attorney’s fees.”
It notes that it has its own challenge against Personal Audio’s patent, which is on a “separate track” and will continue.
Carolla and Personal Audio are in a quiet period until the end of September, where both parties are unable to make public comment about the settlement.
Image via AdamCarolla.com