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The fact is only 614 of the nearly 7 million existing patents have been revoked, and 3,927 patents have been narrowed since the U.S. Patent and Trademark Office began conducting re-examinations in 1981.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

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

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.

Show More