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 © 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

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Show More