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

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Streamate's Elevate Partners With Miss Mei on Decriminalization Initiative

Streamate’s Elevate initiative is debuting a November collaboration with creator and community advocate Miss Mei that will highlight the modern criminalization of sex work.

Show More