Acacia Wins Judgment Against Yahoo

LOS ANGELES — Acacia Research Corporation has won a $6.6 million judgment against search giant Yahoo for infringing on a patent governing online advertising using background images.

The case, heard in the Eastern District of Texas by a federal jury, ruled that Yahoo's instant messenger program infringes on Acacia's patent.

The "background advertising system," United States Patent 6205432, is "An advertisement system and method […] for inserting into an end user communication message a background reference to an advertisement."

The patent covers graphics used for advertising, which even though they are not "clickable," are used as background images in emails, web pages and other online media.

"Although we are disappointed with the verdict, we firmly believe in the merits of our case, and we are considering our options going forward, including whether to appeal," stated a Yahoo spokesperson.

Acacia is no stranger to the online adult business community, having received licensing agreements for streaming media technology from several industry players and vehement opposition from others.

"My quick read of the patent is that the inventor has created the idea that when viewing an email or web page, that an advertisement is displayed in the background," explained Brandon "Fight the Patent" Shalton. "The advertisement isn't clickable since it's a background image, but exists there for marketing/branding purposes."

"The ability to insert background images in email and web pages is part of the HTML specifications," Shalton said. "The inventor/Acacia is claiming that if that image is an 'advertisement,' then it's covered under this patent that was filed in late 1998."

"It would be interesting to read the court transcripts to see how Yahoo! defended themselves with prior art, which did not satisfy the jury," Shalton added.

According to some observers, the case may pose implications for adult website operators and others using images that contain marketing messages — such as the popular "skins" that some companies use as advertisements on industry message boards.

"It would appear that anything deemed to be 'advertising' that shows up in the background would be covered by these patent claims," Shalton concluded.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Platform Pulse: Inside the Technology and Trends Powering the Direct-to-Fan Economy

For a brief, glittering moment, the fan-platform boom felt like a modern-day gold rush. The premise seemed simple: Open an account, post some tantalizing content and watch the subscriptions roll in. OnlyFans became a household name, "selling feet pics" became a cultural punchline and creators poured into the market hoping to claim their share of the action.

FSC Sets Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) has published dates and qualifiers for its upcoming board of directors election.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

'Studio Vanniall' Launches Through PAYSITE

Vanniall's official website StudioVanniall.com has launched through PAYSITE.

Show More