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

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

Show More