The U.S. Patent and Trademark Office (PTO) will be canceling Instant Live's patent for creating digital recordings of live performances. The decision came after the company did not respond to the PTO's notices concerning a reexamination of the patent rights.

The patent did not involve a technology-based invention. It was a "method and system" to significantly improve the speed at which recordings of live performances could be mass-produced and the costs of producing the recordings (patent 6,614,729).

The Electronic Frontier Foundation, as part of its Patent Busting Project, challenged the patent. The group wrote in a press release that Clear Channel, the predecessor of Live nation, claimed that the "patent created a monopoly on all-in-one technologies that produce post-concert digital recordings and threatened to sue those who made such recordings."

On March 6, the PTO issued a notice that it intends to cancel the patent registration since the patent owner failed to respond to its office-action letter in March or to a copy of that letter mailed in July.

Live Nation declined to comment. EFF could not be immediately reached for
comment.