Acacia Takes on Cable TV High Rollers

NEWPORT BEACH, Calif. — Acacia Media Technologies Corp. waded into the deep end of mainstream infringement litigation Tuesday by filing a complaint against nine of the biggest cable and satellite companies in the industry.

The patent holder, a subsidiary of Newport Beach, Calif.-based Acacia Research Corp., filed the complaint in U.S. District Court for the Northern District of California alleging patent infringement of Acacia's digital media transmission (DMT) patents, which pertain to the transmission and receipt of digital audio and video over the Internet, cable, and satellite.

Companies named as defendants in the lawsuit include Comcast Corp., Charter Communications Inc., The DirectTV Group Inc., Echostar Communications Corp., Boulder Ridge Cable TV, Central Valley Cable TV, LLC, Seren Innovations Inc., Cox Communications Inc., and Hospitality Network Inc., a subsidiary of Cox that supplies hotel in-room entertainment.

The complaint alleges that certain types of programming and activities used by the nine defendants, including pay-per-view, video-on-demand, and digital ad insertion, are infringing on one or more of Acacia's five U.S. DMT patents.

The patent holder has the option of adding additional companies to the suit in the future.

According to Robert Berman, executive vice president of business development, the filings against the nine cable companies should have no bearing on the current status of the lawsuit between Acacia and New Destiny Internet Group, International Web Innovations, or the pending (although still not approved) class-action lawsuit Acacia is aiming for against the adult industry as a whole.

Acacia, which has already licensed 123 companies to use DMT, has been moving toward creating a defendant class covering all online adult companies that have allegedly infringed on its patents and whose video content can be received in Southern California.

"This new case should have no impact on the porn litigation," Berman told XBiz. "One of the reasons that we filed in the Northern District is so that the porn lawyers do not have an excuse to try and slow the case down, as they have attempted in the past. We have asked the court to begin the next phase of discovery and are anxious to move forward."

But Greg Clayman, president of VideoSecrets and a New Destiny defendant feels Acacia might have something up its sleeve when it comes to choosing where to file the lawsuit against cable companies.

"There has been no delay in the case since Judge Ware took the case late last year, and since then the parties have briefed and argued claim construction and await a ruling from the court as to what Acacia's patents actually cover," Clayman told XBiz. "As far as them filing in the Northern District, it appears that Acacia is concerned Judge Ware may rule in favor of the defendants."

According to attorney Eric Martin Bernstein, of Eric M. Bernstein & Associates, Acacia's most recent filings are just another step in a process to move beyond the adult webmaster community to more mainstream infringement cases. The next step, says Bernstein, will be to continue to add as many mainstream companies to Acacia's arsenal as possible.

"They have decided that they know all the potential parties and are going after them in one big lawsuit," Bernstein told XBiz. "I don't believe they are looking for class-action status, but instead they are naming them all in one suit, as opposed to filing individually for reasons probably to do with economy of cost and judicial efficiency."

Acacia is fresh from settling a similar patent infringement lawsuit with On Command Corp., a provider of interactive in-room programming for the hotel industry. On Command is owned by Liberty Satellite & Technology, a subsidiary if Englewood, Colo.-based Liberty Media Liberty, a massive multimedia conglomerate that owns QVC, Encore, Starz!, Discovery, UnitedGlobalCom Inc., IAC/InterActiveCorp and News Corp.

On July 7, U.S. District Court Judge James Ware will hear oral arguments for and against Acacia's motion to establish a class-action lawsuit against the adult industry, which could conceivably include hundreds, if not thousands of companies. Ware is expected to submit a written opinion within weeks of the hearing.

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

Florida AG Asks for Halt of AV Lawsuit Pending SCOTUS Decision

Florida Attorney General Ashley Moody has filed a motion asking a federal court to halt the Free Speech Coalition (FSC) lawsuit challenging HB 3, the state's age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

Anna Claire Clouds Stars in Latest From New Sensations

Anna Claire Clouds stars with GI Joey in the latest release from New Sensations.

Bree Mills Makes Her Wicked Directorial Debut

Gamma Film Group/Adult Time CCO Bree Mills has made her Wicked Pictures directorial debut with the studio's latest feature, titled "Breadcrumbs."

VRPorn.com Launches 'Virtual Reality Porn' Meme Coin

VRPorn.com has launched a new cryptocurrency meme coin on its platform.

Girlsway Premieres Kimmy Kimm Orgy Featurette 'Finally'

Girlsway has debuted its latest release, "Finally! ... An All-Girl Asian Orgy Extravaganza," written and directed by Kimmy Kimm.

Angie Rowntree's Sssh.com Celebrates 25 Years of Pioneering Erotica

Over 25 years ago at an adult internet trade show called IA2000, a producer warned filmmaker Angie Rowntree that there was no market for “porn for women.”

Eva Generosi Stars in New Release From Private

Eva Generosi stars with Angie Lynx and Leo Santos in the latest threesome from Private, directed by Xavi Rocka.

Ricky's Room Drops Christmas Orgy

Ricky’s Room has dropped “An Unwrapped Holiday Orgy” parts one and two.

Bree Brooks Stars in Holiday-Themed Release From New Sensations

Bree Brooks stars with Ricky Spanish in the new holiday-themed release from New Sensations.

Iris Kiss, Astrid Soleil Star in Latest From TGirls.Porn

Iris Kiss and Astrid Soleil star in the latest release from Grooby paysite TGirls.Porn, titled “The Next Generation” and directed by Omar Wax.

Show More