Home > News > U.S. Judge Invalidates Acacia’s Remaining Claims • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

U.S. Judge Invalidates Acacia’s Remaining Claims

 U.S. Judge Invalidates Acacia’s Remaining Claims
Get XBIZ News
Sep 30, 2009 1:00 PM PDT    Text size: 
SAN JOSE, Calif. — After years of litigation, a federal judge has invalidated Acacia Media Technologies remaining patent claims against the Adult Defense Group and other companies.

Friday’s patent-busting ruling by U.S. District Judge James Ware involved 10 claims relative to Acacia’s family of patents on audio and video transmission and receiving systems, or streaming media.

Ware said that the asserted patent claims are invalid “because they lack an ascertainable scope” and granted the defense’s motion for summary judgment.

Ware ordered attorneys back in the courtroom on Oct. 9 to finalize a summary judgment.

The case reaches all the way back to 2002, when Acacia began sending out media packets to online adult companies asserting that the companies were violating patents associated with its Digital Media Transmission technology, which Acacia claimed covered virtually any manner of transmitting and receiving digital and audio content over the Internet.

Although Acacia was able to secure settlements from a number of adult companies, other companies fought back, and eventually coalesced into the united Adult Defense Group effort, spearheaded by Homegrown Video parent company New Destiny Internet Group.

The suit eventually was consolidated with other companies that have employed streaming media, including Echostar, DirectTV, Time Warner Cable and CSC Holdings Inc.

Cindy Cohn, legal director at the Electronic Frontier Foundation, said Ware’s decision was a correct one.

“We’re pleased about the ruling,” she told XBIZ. “Acacia’s patent on streaming media has been on the EFF’s ‘10 Most Wanted List,’ which lists patents that are egregious and have free-speech implications.”

Quentin Boyer, a Top Bucks executive and long-time industry observer and journalist, said that he wasn’t surprised Acacia's claims have been invalidated.

“From the beginning, many observers and legal experts felt that the claims were too vague and broad to be enforceable, and the expectation was that the court would eventually come to the same conclusion," he told XBIZ.

“It was unreal how awful some of the [claims] were — pretty close to saying ‘anything and everything video related online is covered by our patent.’”

Representatives of Acacia were not available for comment by post time. Acacia is expected to appeal Ware’s ruling.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

LEGAL PERSPECTIVES

Data Privacy Is Tightening Up in the E.U.

Have you begun preparing for GDPR? If you are like most, you haven’t even heard of GDPR, but also if you are like most, it is going to affect your business, starting May 25, 2018. The GDPR, or General... More »

Preventing Legal Problems Before They Start

Dentists typically recommend that a person’s teeth be cleaned every six months and that oral X-rays be taken at least once every year. Internists recommend that a person receive a physical examination... More »

Could Adult Content Be Banned?

Earlier this month, I met with the Free Speech Coalition’s board of directors for our annual review. Despite the headwinds our industry faces, politically and economically, we are, as an organization,... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

Latin America Adult Business Expo

Jul 10 - Jul 12
Cartagena, Colombia

ANME Founders Show

Jul 16 - Jul 18
Los Angeles Marriott Burbank Airport

QWEBEC Expo

Aug 03 - Aug 06
Montreal, Quebec

XBIZ Berlin 2017

Sep 11 - Sep 14
Berlin, Germany
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!