Adult Faces Uphill Battle to Nullify ‘Broad’ Patents

NEWPORT BEACH, Calif. — Despite the adult industry’s hurrahs after U.S. District Court Judge James Ware sided with the Internet companies against Acacia Technology Group in his “Markman” decisions, they still face an uphill battle.

The fact is only 614 of the nearly 7 million existing patents have been revoked, and 3,927 patents have been narrowed since the U.S. Patent and Trademark Office began conducting re-examinations in 1981.

In his “Markman” order, Ware specifically was bothered by the term “identification encoding means,” which he said is not definable and thus would invalidate some claims on one of Acacia’s patents.

A Markman order allows the judge overseeing a patent dispute to clarify some of the terms used to define the scope of a patent.

Ware called into question some of the company's video-streaming patents that the defendants, New Destiny Internet Group, has called “overly broad.”

Ware invited the defendants to seek a final decision that could invalidate some of Acacia's patent claims, which the company says cover the distribution of digital content through the Internet, cable, satellite and wireless systems.

As a result, Acacia’s stock has suffered severely, despite an impromptu conference call to investors on Tuesday to explain the situation.

Immediately following Monday’s Markman order, shares of Acacia Technologies Group plunged Tuesday, falling as much as 37 percent, with a volume of trading that was 17 times more than its daily average.

At the close of Thursday’s Nasdaq session, Acacia's stock gained slightly at $3.88 — cut almost in half from October’s per share price at $8.58 — and had a volume of more than four times its daily average.

Acacia's streaming-media patents, granted to the founders of Greenwich Information Technologies in the 1990s, weren't enforced until the Newport Beach, Calif., company bought them in 2001.

It has since secured dozens of licensing deals with some adult companies and sued the cable and satellite providers for patent infringement last month.

While a scheduled conference call among the parties next month may help determine the following legal step, more tech companies are shouting to regulators for an overhaul.

In an October report, the Federal Trade Commission recommended that changes in the patent system need to be made, including improvements for challenging patents.

Under the auspices of the U.S. Department of Commerce, the patent office has taken steps to improve the process but acknowledges the system's shortcomings, including budget constraints — nearly 3,500 trained professionals examine 200,000 patent applications every year.

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

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

Show More