Markman Hearing Scheduled for Tuesday

SANTA ANA, Calif. –In the continuing countersuit between the adult entertainment defense team and Acacia Media Technologies Corp., a three-day Markman hearing is scheduled for Tuesday, May 18.

The pre-trial Markman hearing began on Feb. 6 in a slow, painstaking process of examining the language of the two patents that Acacia has so far asserted against the adult entertainment industry, as well as many other industries that Acacia claims have infringed on its digital media patents.

According to an XBiz source close to the case, it is likely that the hearing will make major headway over the next three-day period; however, as both legal teams and presiding U.S. District Court Judge James Ware have said previously, a Markman ruling is not expected until summer.

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 at the April 9 hearing.

"This is the most significant time because it defines what the patents mean and everyone should be aware of what the real wording is," Spike Goldberg, a member of the New Destiny Internet Group defense team and president of Homegrown Video, told XBiz. "The next three days will be more nuts-and-bolts discussions on the wording of the patents, but it is one step closer to pushing all the spin out of what Acacia says."

Greg Clayman, president of Video Secrets, told XBiz that he hopes the three-day hearing brings to light for Acacia that the defense group is going to continue to stand up and fight for what it believes.

"I would like to see Acacia and Berman realize that we are not going away," Clayman told XBiz. "We will continue this fight over what we believe until the very end. If Acacia has not realized this yet, they need to start realizing it."

Goldberg added that what the entire adult industry should be focused on right now is the pending class action lawsuit that Acacia filed in December against the entire adult industry.

Acacia has been pursuing a motion for some time to create a defendant class covering all porn companies that have allegedly infringed on its patents and whose video content can be received in the judicial Central District of California, which encompasses most of Southern California.

The purpose of creating a defendant class is so that Acacia does not have to re-litigate certain issues over and over again. The class action status of the suit also gives Acacia the option of grouping dozens if not hundreds of porn companies into one single defense category.

According to court documents obtained by XBiz, the intention of the class action suit is to prove the validity, enforceability, and ownership of Acacia's five U.S. DMT patents. Acacia might still have to pursue each company individually for patent infringement even if the class action suit is successful.

"The whole industry should start to be concerned," Goldberg said. "This should an incentive enough for everyone to be involved in the process at this point and see how they can help the defense group. I cannot understate this enough."

The Markman Hearing will take place at the Ronald Reagan Federal Building in Santa Ana at 9:30 a.m.

"We as a group realize that the ultimate decision is up to the courts and given that, we are going to get to that decision," Clayman continued. "We can all speculate on the outcome but the only person who really can determine what is going to happen and how to enforce it is the judge."

Robert Berman, executive vice president of business development for Acacia, was not available for comment at press time.

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

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, Could Face Override

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.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Show More