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

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Host Webinar on Derisking and the Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

New Premium Creator Platform 'Lemon Social' Launches

Premium creator platform Lemon Social has debuted.

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

MomPOV Producer Pleads Guilty in GirlsDoPorn Case

MomPOV producer Doug Wiederhold, who was formerly the partner of GirlsDoPorn owner Michael Pratt as well as the first male talent for GDP, pleaded guilty Thursday to a federal conspiracy charge.

Streamate Exec Liz Rek Joins FSC Board

The Free Speech Coalition board of directors has tapped Streamate executive Liz Rek as its newest member, effective immediately.

2024 XBIZ Creator Awards Nominees Announced; Voting Now Live

XBIZ is pleased to announce the nominees for the 2024 XBIZ Creator Awards, presented by Fansly.

Show More