"The Patent Office agrees that there are serious questions about the patent's validity," said EFF Staff Attorney Jason Schultz. "This is a significant victory for artists and innovators harmed by Clear Channel's patent and for anyone concerned about overreaching, illegitimate patents."

Clear Channel now has two months to file comments defending its patent, to which EFF will get to respond. The PTO will then determine whether to invalidate the patent. In roughly 70% of instances like this one in which a request for reexamination is granted, the patent is narrowed or completely revoked.

"Patents serve an important role in our economy," said Schultz. "Keeping illegitimate patents out of that system benefits all of us, helping up-and-coming artists and entrepreneurs."

EFF filed the request for reexamination in conjunction with Theodore C. McCullough of the Lemaire Patent Law Firm and with the help of students at the Glushko-Samuelson Intellectual Property Clinic at American University's Washington College of Law. The Clear Channel patent challenge is part of EFF's Patent Busting Project, aimed at combating the chilling effects bad patents have on public and consumer interests.  The Patent Busting Project seeks to document the threats and fight back by filing requests for reexamination against the worst offenders.

For more information about EFF's request and Clear Channel's patent: www.eff.org/patent/wanted/patent.php?p=clearchannel

For EFF's Patent Busting Project: www.eff.org/patent/

Dear Editor,

I’m writing to point out an error in an article from earlier this week. The article titled, “Bogus Clear Channel Patent May Be Revoked” erroneously states the patent belongs to Clear Channel. Clear Channel spun off its live entertainment group, now called Live Nation, last year.  Clear Channel no longer has any interest or ownership in those patents as a result of the spin-off.

Sincerely,

Matt Hantz
Assistant Vice President
Brainerd Communicators, Inc.