Adult v. Acacia Gets Another Day in Court

SANTA ANA, Calif. - The second Markman hearing proceeding took place Friday in U.S. District Court as Judge James Ware heard testimony regarding four terms and phrases at issue in the ongoing litigation process between Acacia Technologies Group and 13 defendants in the adult entertainment industry.

The case represents an ongoing patent infringement lawsuit between Acacia and adult companies (among many other industries) whose streaming and downloadable videos allegedly infringe on Acacia's DMT patents.

A Markman hearing is when a judge looks at evidence and definitions before determining patent claims.

Both the defendants and the plaintiffs had an opportunity to present their case to Ware, who listened intently and questioned both sides about their positions.

The majority of the court day was spent defining the fundamental language that is applicable to Acacia's patents; a determination that will eventually play a pivotal role in which side wins the case.

Among the eight phrases and terms of Acacia's patents on the Markman agenda, only five have so far been heard by the judge; one was heard in the previous Markman session, and four were covered on Friday.

The phrases debated by the defense and plaintiffs were terms relating to remote locations, storing items, library means, identification and coding, and the assignment of unique identification codes for the retrieval of data. All of the above terms were vigorously debated by the plaintiffs and the defense team, represented by Boston-based Fish & Richardson.

In addition to the eight claims on the Markman agenda, Ware said there might be more claims worth examining related to Acacia's 992 patent. The judge also gave no indication of when he would rule on the matters.

Ware set aside additional dates for further hearings in the case. The judge had previously set dates for May 18-20.

While it is typically unusual for the court to set dates so far in advance, Ware affirmed additional dates of June 23-24, and July 7-8.

In addition to the terms and phrases that are currently at issue with Acacia's No. 992 patent, the judge also asked the parties to select 10 terms and phrases from the No. 702 patent, the second patent so far asserted by Acacia against the adult industry.

Out of the patents that Acacia lays claim to regarding the streaming of audio and video over the Internet, only two of the company's five patents in the U.S. have so far been used in the litigation process against the adult industry.

Acacia also made the court aware that it would be filing its motion regarding class action status within the next week. Acacia filed a class-action lawsuit against a group of adult entertainment companies with intent to establish a defendant class in which unlimited numbers of adult companies could be collectively sued for patent infringement.

Spike Goldberg, one of the defendants in the New Destiny defense group referred to Friday's hearing as "a lot of tit for tat."

"At the end of the day," Goldberg told XBiz. "There is nothing I can say or [Robert] Berman can say that will change things. Once the judge makes his decision, we won't have to live with Acacia's interpretations of the claims anymore."

"We think the court proceedings continue to go very well," Robert Berman, senior vice president of business development for Acacia, told XBiz. "We are confident that the judge will hold that the patents are valid, enforceable, and worthy of licensing, as we and our licensees have believed all along."

Also present in court was a representative for International Web Innovations (Max Cash), a separate litigant, and On-Command Corp. a company that refused to license with Acacia and was subsequently sued for patent infringement in November 2003.

Copyright © 2025 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

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

Show More