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 © 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

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Pineapple Support Names Natalie Pereira Executive Assistant

Pineapple Support has appointed Natalie Pereira as its new executive assistant.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online industry edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Show More