Adam Carolla refused to automatically open up his wallet when a company dubbed a “patent troll” by some media outlets sued him for millions earlier this year.
Instead, the podcaster incurred serious legal fees to fight back, rallying both fans and fellow podcasters like Marc Maron to battle Personal Audio lawsuit.
That lawsuit officially ended Monday, as both parties agreed to dismiss the legal action without prejudice. For now, the loquacious Carolla must stay silent on the decision, one that means that each side “bear its own costs and fees.”
The Court further Orders as follows:
1. Lotzi and the Partnership may not file a declaratory judgment action against Personal Audio with respect to the causes of action asserted by Plaintiff in this litigation.
2. With the exception of the press release announcing the settlement that has been approved by the Court, Personal Audio, Lotzi and the Partnership shall not make any public statements, issue any press releases or otherwise issue public comments (e.g., by providing an interview to a reporter) concerning this litigation from August 15, 2014 through September 30,2014.
The Electronic Frontier Foundation applauded Carolla for holding Personal Audio’s legal feet to the fire but regretted that he wasn’t able to “invalidate the patent” in question.
Carolla, his team, and everyone who donated in support deserves massive credit for putting up such a strong fight. The podcasting community showed that it would not be shaken down. Patent litigation is very expensive and most troll targets settle early just to avoid the cost of defense. By fighting back, Carolla forced Personal Audio to actually mount a case and establish that it deserved money. That turned out to be too hard for the troll….Overall, while some aspects of the settlement are disappointing, we think Carolla did a service to the podcasting community by fighting back.