EFF Targets Frivolous Patents

SAN FRANCISCO, Calif. – The Electronic Frontier Foundation took aim Wednesday at a cluster of what it believes are questionable patents, including adult industry foe Acacia Media Technologies.

"Crimes against the public domain, willful ignorance of prior art, and egregious display of obviousness," are all words the San Francisco-based civil liberties organization is using in its recent campaign against bad patents.

After launching a "Patent Busting Project" in April, the EFF has set its sights on keeping the United States Patent and Trademark Office (PTO) on its toes and more alert to patent submissions that have chilling effects on Internet innovation and free expression.

The EFF announced Wednesday the ten most "wanted" patents that the organization will target first in its campaign to rid the world of "frivolous" software and Internet patent infringement lawsuits.

In some cases, EFF's patent-busting process involves pinpointing certain patents that have been approved by the PTO and then requesting a reexamination. The process first entails a formal letter submitted to the PTO regarding a particular patent. Then the patent holder gets a chance to respond to the request for reexamination. The EFF gets another rebuttal after that, and then it is up to the PTO to review the patent and make another determination regarding its validity.

In Acacia's case, the EFF will include all mentions of prior art in a formal letter requesting reexamination and then send it to the PTO, with no back and forth between EFF and Acacia.

"What we want to see is an end to these threats," Jason Schultz, the attorney who heads up the project, told XBiz. "If that same result happens as a result of the lawsuit, then we're done. If it doesn't, then we will continue to pursue our project to try and achieve the same goal."

According to Schultz, every single one of the patents on EFF's target list is held by a business or individual that has threatened or brought lawsuits against small businesses or nonprofits in an effort to enforce their patents.

"Patents are meant to protect companies against giant competitors, not to help them prey on folks who can barely afford a lawyer," Schultz continued. "We hope our project will not only assist the victims of these abusive patents but also help make the case for global reform of the patent system."

Patent holders on the list include: Acacia, owner of five U.S. patents that the company claims control all streaming audio and video over the Internet, cable, and satellite channels; Acceris, which claims that its patents cover Voice over Internet Protocol technology; Clear Channel Entertainment, which claims to own a system and method of creating digital recordings of live performances; and Sheldon F. Goldberg, patent holder for a system and method for playing games on a network.

Other "wanted" patents include Ideaflood, patent holder for a system apparatus and method for hosting and assigning domain names on a wide area network; Neomedia Technologies, which claims to own a system and method for automatic access of a remote computer over a network; Testcom; Ninetendo; Seer Systems; and Firepond, which holds patents on a system that uses natural language processing to respond to customers' online inquiries by email.

According to Schultz, the timeline for bringing the patents' validity to light is not known, but in Acacia's case, EFF is watching the Acacia vs. New Destiny Internet Group lawsuit very closely.

"We're watching the lawsuits that are going on and we are going to see what the judge does and then formulate our strategy from there," said Schultz. "As far as a timeline is concerned, it depends on how quickly we gather prior art and pull everything together."

As the patent-busting project moves forward, Schultz and the team at EFF expect to continue to pursue other patents that are generally thought to be overly broad and frivolous.

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

GoFundMe Set Up for Danny Ferretti's Medical Expenses

A GoFundMe campaign has been set up for Fangear founder Danny Ferretti, who requires extensive lung surgery.

Byborg Acquires Cuties AI

Byborg Enterprises has acquired adult artificial intelligence startup Cuties AI.

Irish Government Releases Report on Sex Work Decriminalization Legislation

The Irish government has released a report reviewing a 2017 law that decriminalized sex work across the country.

Texas Bill Would Require Age Verification for Online Sex Toy Sales

A new bill in the Texas state legislature would require online retailers to implement age verification of purchasers before selling “obscene devices” to anyone in that state.

New York Assemblyman Proposes Banning the Term 'Sex Work'

Republican New York Assembly Member Brian Maher has introduced a bill to prohibit the use of the term "sex work" in government documents.

Age Verification Watch: Michigan Joins the AV Club, Some Laws Just Make No Sense

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Free Speech Groups Back SCOTUS Appeal of Georgia Strip Club Tax

Two civil liberties organizations filed an amicus brief Tuesday supporting a petition asking the U.S. Supreme Court to hear an appeal in a case involving whether a tax specifically aimed at adult entertainment establishments violates the First Amendment.

Creator Networking App 'Plaiir' Launches

Plaiir, a mobile networking app for creators, has officially launched.

North Dakota House Committee Questions Anti-Porn 'Public Health Hazard' Claim

The North Dakota House of Representatives Education Committee on Monday amended a resolution that would have recognized pornography as a “public health hazard,” instead replacing that language with a call for further study into whether such a designation is appropriate.

Adult Site Broker Relaunches Site

Adult Site Broker has relaunched its website with several updates.

Show More