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 © 2024 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

Skinfluential Management's FansFuel Acquires Fanwire

FansFuel has acquired creator account management tool Fanwire.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

APClips Names Avery Jane 'Creator of the Month'

APClips has named Avery Jane its Creator of the Month for March.

Show More