More of Acacia’s DMT Patent Claims Fall

SAN JOSE — A recent claim construction order from U.S. District Court Judge James Ware has invalidated more of the patent claims asserted by Acacia Media Technologies, according to statements made this week by members of the Adult Media Defense Group.

The case reaches all the way back to 2002, when Acacia began sending out media packets to online adult companies asserting that the companies were violating patents associated with its Digital Media Transmission technology, which Acacia claimed covered virtually any manner of transmitting and receiving digital and audio content over the Internet.

Although Acacia was able to secure settlements from a number of adult companies, other companies fought back, and eventually coalesced into the united Adult Defense Group effort.

“Acacia continues its long retreat from the patents it has asserted against the defendants in the Adult Media Defense Group,” Homegrown Video President Farrell Timlake said. “Acacia has agreed that under the court’s construction all claims of the ‘702 patent are invalid. As to the second patent in the case, the ‘992 patent, under the court’s construction, we believe claims 1-18 are also invalid. During summary judgment briefing, Acacia appeared to agree with our position. Now Acacia has agreed to dismiss claim 24 of the ‘992.”

The court currently is working on a fourth claim construction order that the defense group believes will “bring the claim construction process to an end and permit the group to file motions requesting the remaining claims be declared invalid,” according to Timlake.

Homegrown CEO Spike Goldberg told XBIZ that while the judge’s recent order was a “positive development,” it didn’t signal that the case was nearing its conclusion.

“Anything in this realm just takes forever,” Goldberg said, referring to the complex process of litigating patent claims. “It’s just another part of the process, but it is definitely good news.”

Goldberg said that the most accurate way to describe the progress of the case to this point is as a “slow chipping away at the claims and getting down to the facts.”

“For a company that came in claiming to have invented this medium, they sure are a far cry from those heady days,” Goldberg said. “We’re finding out that their claims don’t hold up in court.”

Both Goldberg and Timlake anticipate that Acacia ultimately will appeal Ware’s rulings with respect to their patent claims.

“While Acacia will undoubtedly appeal Judge Ware’s claim construction orders, we are confident that the appellate court will agree with Judge Ware’s analysis and affirm his rulings, thereby bringing the case to an end,” Timlake said.

Representatives of Acacia were not available for comment by post time.

Related:  

Copyright © 2024 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

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Show More