Game over for Acacia - Markman Ruling!

[FightThePatent]

For those that want to read the just released court order, it's VERY BAD NEWS FOR ACACIA!

Let the celebration begin.

http://www.fightthepatent.com/MarkmanOrder.pdf

It will be interesting to see how Acacia spins the news.



Fight the WE TOLD YOU SO!

[Vick]

Brandon - I'm a lazy fuck and can't real legaleze

Can you boil it down for us please?

[pushpills]

Originally posted by Vick@Jul 12 2004, 09:11 PM
Brandon - I'm a lazy fuck and can't real legaleze

Can you boil it down for us please?
yes

the "jist of it"

[Vick]

Please?

[chodadog]

Originally posted by Vick@Jul 12 2004, 07:11 PM
Brandon - I'm a lazy fuck and can't real legaleze

Can you boil it down for us please?
What he said.

[FightThePatent]

Originally posted by Vick@Jul 12 2004, 07:11 PM
Brandon - I'm a lazy fuck and can't real legaleze

Can you boil it down for us please?
I just got in from dinner and got the word.. and have been on the phone since.

I wanted to post up as fast as possible.. i'll be reading the 40 pages on the plane tomorrow morning, and i'll type up a summary.

It's a lot of legal reading and could be boring, but in it you will find that the judge has knocked out some claims.. which means, if some of the claims aren't valid, then the defendants can't be infringing.

This won't invalidate the patent, just get a non-infringement verdict eventually for the defenants....

The Defense Group has scored a major victory against patent abuse!

Sorry for the lack of a better summary, but I will post up as soon as I get Net access tomorrow.



Fight the Scoop!

[JR]

a quick glance is all it takes to see that the judge rejected a lot of Acacias definitions of words and terms in the patent claim.

it's a shame that something like this is so important to the industry and you guys can't even take a couple minutes to glance at the judges decisions.

[Vick]

That's excellent!
thanks Brandon!!
Look forward to more info when possible

[Rolo]

I guess its time to keep an eye on http://finance.yahoo.com/q?s=ACTG&d=t

[Vick]

Originally posted by JR@Jul 12 2004, 10:39 PM
a quick glance is all it takes to see that the judge rejected a lot of Acacias definitions of words and terms in the patent claim.

it's a shame that something like this is so important to the industry and you guys can't even take a couple minutes to glance at the judges decisions.
JR - damn do I need to send you Govida chocolate this week :P

I'm looking at 10 spoonsors for the best fit for someting I'm working on
Booking a winter vacation to Walt Disney World for my son and I, plus picking out his birthday present
Doing loose ends for some sites of mine
Reading Oprano between uploads

Brandon has a much better understanding of this case than I ever will, that's part of the reason I ask, well that and a 40 page doc

WTF?? :D

[FightThePatent]

The findings in the Markman Order will be used in upcoming court sessions that would utimately give the final verdict of non-infringement.

This is a major victory for the defendants as everyone has been waiting to see the outcome.

The Defense Group still needs your support.. there is still legal fees to pay to push the nail into coffin.

The example that will be set here is don't come to the adult biz if you want to troll your patent...

Corporate america (especially publically traded companies) have shown the new trick of doing the patent rollover.

Support the Defense Group, now is the most crucial time to jump in.

Offer your support:
Spike: (949) 716-8080. Contributions can also be sent to: Acacia Joint Defense Group, c/o Spike Goldberg, New Destiny, 27111 Aliso Viejo Rd., #180, Aliso Viejo, Calif. 92656.



Fight the Telethon!

[Winetalk.com]

8% down today, not a good news for them at all...
;-)))

[FightThePatent]

Originally posted by Serge_Oprano@Jul 12 2004, 08:14 PM
8% down today, not a good news for them at all...
;-)))
Most likely insider info on the early sellers... let's see how far it drops tomorrow when people read up on the Markman Order on the ACTG board

:)




Fight the Longs!

[pushpills]

Originally posted by Serge_Oprano@Jul 12 2004, 10:14 PM
8% down today, not a good news for them at all...
;-)))
it will drop harder than that i speculate.

now, the real smart trader should know what the bounce point is, when to buy at bargain price and dump at the uprise....depending on how big of a blow it is (i didnt read the whole legal thing, not my cup since im not planning on buying any of this shit) could be a flop, but there's gotta be some margin, not to say its today, but 2 days from now at rock bottom, buying WILL increase and boost it, no? according to trends i've followed, yes.

[Mike AI]

Excellent news.

[Mike AI]

FTP - if this case continues to go this way, and defendents win - there is still a possibility that those who settled would still be under contract to pay Acacia their royalties?


Opranauts now is the time to donate money to the cause. If he have not sent before, or even if you have please give a little more - these guys have put their asses on the line for us.

Offer your support:
Spike: (949) 716-8080. Contributions can also be sent to: Acacia Joint Defense Group, c/o Spike Goldberg, New Destiny, 27111 Aliso Viejo Rd., #180, Aliso Viejo, Calif. 92656.

[Paul Markham]

A summary.

http://www.adultgrind.com/news/index.php?m=show&id=276

It seems that whoever was researching the various meanings of phrases and words in question in Acacia vs. New Destiny relied heavily on Webster’s dictionary for the precise definitions.


In a 40 page ruling handed down today by Judge Ware it spelled out the various items and pieces of the patent claims that were in question and identified what the plaintiff (Acacia) believed was the correct way to interpret and what the defendant (New Destiny) believed was the correct interpretation

[Winetalk.com]

there isn't much short iterest to support the stock when it drops...

http://www.nasdaq.com/asp/quotes_full.asp?...t&selected=ACTG (http://www.nasdaq.com/asp/quotes_full.asp?mode=&kind=shortint&symbol=CPN&symbol=ACTG&symbol=&symbol=&symbol=&symbol=&symbol=&symbol=&symbol=&symbol=&FormType=&mkttype=&pathname=&page=short&selected=ACTG)

[Winetalk.com]

Acacia is down 36%,
In Judge Ware We Trust!

;-)))

seems like the "low hanging fruit" is NOT that low hanging
;-0)))

[Winetalk.com]

down 41%.....

[Nickatilynx]

44% and falling......

[Mike AI]

I hope this is first in many successful steps for the group fighting Acacia.

To all those who have settled, sacrificing the small webmasters, you get what you deserve!

Anyone have a list of all the settlers?? Those who gave in? Many of them personally made profits from their deals.

I know R-n was one of those who settled early and worked WITH Acacia to hurt other webmasters. So was Larry Flynt.

[Vick]

Need someone with a better analytical head than mine but .......

Overall did Acacia come out of this with more funds? Was this whole exercise a positive revenue generator?

These are the same folks who lost on the V-Chip patent stuff too

Do they tweak and come back again with new patents? At a different industry?

Does it matter if they lose in court if they win on the ledger?

[SykkBoy]

Originally posted by Mike AI@Jul 13 2004, 11:00 AM
I hope this is first in many successful steps for the group fighting Acacia.

To all those who have settled, sacrificing the small webmasters, you get what you deserve!

Anyone have a list of all the settlers?? Those who gave in? Many of them personally made profits from their deals.

I know R-n was one of those who settled early and worked WITH Acacia to hurt other webmasters. So was Larry Flynt.
Exactly
there are a few who settled who, unfortunately, really couldn't afford to defend, but most just took the easy way out....

I hope everyone who made serious sweetheart deals feel good about themselves...but I'm sure none of them really give a shit anyways....

[JR]

haha! :okthumb:

http://www.largebreastnetwork.com/gfy/storm.gif http://www.largebreastnetwork.com/gfy/storm.gif http://www.largebreastnetwork.com/gfy/storm.gif

http://www.largebreastnetwork.com/gfy/storm.gif http://www.largebreastnetwork.com/gfy/storm.gif http://www.largebreastnetwork.com/gfy/storm.gif

http://www.largebreastnetwork.com/gfy/storm.gif http://www.largebreastnetwork.com/gfy/storm.gif http://www.largebreastnetwork.com/gfy/storm.gif

[FightThePatent]

My Markman Order Summary is up.

Read there: http://www.fightthepatent.com/v2/MarkmanOrderSummary.html


Post here:




Fight the Lateness!

[LadyLaw]

I am well familiar with Judge Ware and spent hours in his courtroom in the sex.com case. He is without a doubt the best Judge in the District to hear this kind of complicated, technical case.

The most significant thing I see in your summary is Judge's Ware's suggestion that Defendant's file Motion for Summary Judgement as to claims 1,3,4,5,7,9,10,11,17,18,32,and 33. He suggests the some of the terms used in the patent are so vague as to be "indefinite", rendering those portions of the patent invalid and unenforceable.

A Motion for Summary Judgement is a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the law of the case, and one party is entitled to judgement as a matter of law. When there is no question of fact for a jury to decide, summary judgement is appropriate.

[Mike AI]

Originally posted by LadyLaw@Jul 13 2004, 04:34 PM
I am well familiar with Judge Ware and spent hours in his courtroom in the sex.com case. He is without a doubt the best Judge in the District to hear this kind of complicated, technical case.

The most significant thing I see in your summary is Judge's Ware's suggestion that Defendant's file Motion for Summary Judgement as to claims 1,3,4,5,7,9,10,11,17,18,32,and 33. He suggests the some of the terms used in the patent are so vague as to be "indefinite", rendering those portions of the patent invalid and unenforceable.

A Motion for Summary Judgement is a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the law of the case, and one party is entitled to judgement as a matter of law. When there is no question of fact for a jury to decide, summary judgement is appropriate.
Thanks for the post LL!

Katie and I miss you!! Make sure Serge does not hog all our time together when we get together at yor house!

B)

[*KK*]

Given that the jpg is now under attack - not in the adult community but with suits filed against companies like Apple and Adobe, this is good news.

[Winetalk.com]

Originally posted by Mike AI+Jul 13 2004, 06:57 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Mike AI @ Jul 13 2004, 06:57 PM)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-LadyLaw@Jul 13 2004, 04:34 PM
I am well familiar with Judge Ware and spent hours in his courtroom in the sex.com case. He is without a doubt the best Judge in the District to hear this kind of complicated, technical case.

The most significant thing I see in your summary is Judge's Ware's suggestion that Defendant's file Motion for Summary Judgement as to claims 1,3,4,5,7,9,10,11,17,18,32,and 33. He suggests the some of the terms used in the patent are so vague as to be "indefinite", rendering those portions of the patent invalid and unenforceable.

A Motion for Summary Judgement is a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the law of the case, and one party is entitled to judgement as a matter of law. When there is no question of fact for a jury to decide, summary judgement is appropriate.
Thanks for the post LL!

Katie and I miss you!! Make sure Serge does not hog all our time together when we get together at yor house!

B) [/b][/quote]
oh puuuhleese!

I'll hug Katie,
you hog LL, just don't complain afterwards about your sore spots here and there,
she hates whiners
;-)))

[Carrie]

Can I get an amen?? A-FUCKING-MEN!!!
And stock down 44%?? Yeah baby!

:okthumb::okthumb::okthumb::okthumb::okthumb:

[Mike AI]

Originally posted by Serge_Oprano+Jul 13 2004, 09:49 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Serge_Oprano @ Jul 13 2004, 09:49 PM)</td></tr><tr><td id='QUOTE'> Originally posted by Mike AI@Jul 13 2004, 06:57 PM
<!--QuoteBegin-LadyLaw@Jul 13 2004, 04:34 PM
I am well familiar with Judge Ware and spent hours in his courtroom in the sex.com case. He is without a doubt the best Judge in the District to hear this kind of complicated, technical case.

The most significant thing I see in your summary is Judge's Ware's suggestion that Defendant's file Motion for Summary Judgement as to claims 1,3,4,5,7,9,10,11,17,18,32,and 33. He suggests the some of the terms used in the patent are so vague as to be "indefinite", rendering those portions of the patent invalid and unenforceable.

A Motion for Summary Judgement is a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the law of the case, and one party is entitled to judgement as a matter of law. When there is no question of fact for a jury to decide, summary judgement is appropriate.
Thanks for the post LL!

Katie and I miss you!! Make sure Serge does not hog all our time together when we get together at yor house!

B)
oh puuuhleese!

I'll hug Katie,
you hog LL, just don't complain afterwards about your sore spots here and there,
she hates whiners
;-))) [/b][/quote]


I am too old for that. Should have found me when I was 18!!

:o

[OldJeff]

With all that has been ruled out of the patent, does anyone have a list of what is left ?

Would like to see that. For all I know it might read

"All Data Transmission"

Although that is obviously not the case, I may try to do that

[OldJeff]

OK - I pulled out what the Judge trew out, and everything referring back to those claims and the patent now looks like this


19. A distribution method responsive to requests from a user identifying items in a transmission system containing information to be sent from the transmission system to receiving systems at remote locations, the method comprising the steps of:

storing, in the transmission system, information from items in a compressed data form, the information including an identification code and being placed into ordered data blocks;

sending a request, by the user to the transmission system, for at least a part of the stored information to be transmitted to the one of the receiving systems at one of the remote location selected by the user;

sending at least a portion of the stored information from the transmission system to the receiving system at the selected remote location;

receiving the sent information by the receiving system at the selected remote location;

storing a complete copy of the received information in the receiving system at the selected remote location; and

playing back the stored copy of the information using the receiving system at the selected remote location at a time requested by the user.

20. The distribution method as recited in claim 19, wherein the information in the items includes analog and digital signals, and wherein the step of storing the information comprises the steps, performed by the transmission system, of:

converting the analog signals of the information to digital components;

formatting the digital signals of the information;

ordering the converted analog signals and the formatted digital signals into a sequence of addressable data blocks and;

compressing the ordered information.

21. The method of claim 19 wherein the step of storing the items includes the substep of

storing the items in a plurality of compressed audio and video libraries in the transmission system.

22. The method of claim 19 further comprising the steps, performed by the transmission system, of:

storing a list of items available to the user from at least one compressed data library; and

providing the user with the list so that the user may remotely select a particular item for transmission.

23. The distribution method as recited in claim 19, wherein the step of storing includes the step of storing the received information at the head end of a cable television reception system.

24. The distribution method as recited in claim 19, wherein the step of storing includes the step of storing the received information in an intermediate storage device.

25. A receiving system responsive to a user input identifying a choice of an item stored in a source material library at a transmission system to be played back to a user at a location remote from the source material library, the item containing information to be sent from the transmission system to the receiving system, the receiving system comprising:

requesting means for transmitting to the source material library in the transmission system the identity of the item;

transceiver means, coupled to the requesting means, for receiving the item from the transmission system as at least one compressed, formatted data block;

receiver format conversion means, coupled to the transceiver means, for converting the at least one compressed, formatted data block into a format suitable for storage processing, and for playback at the receiver system;

storage means, coupled to the receiver format conversion means, for storing a complete copy of the formatted data;

decompressing means, coupled to the storage means, for decompressing the copy of the formatted data; and

output data conversion means, coupled to the decompressing means, for playing back the decompressed copy of the data at a time specified by the user.

26. A receiving system as recited in claim 25, further comprising:

user interface means for translating the input into a request for sending the requested information from the transmitter to the receiving system.

27. A receiving system as recited in claim 25, wherein the output data conversion means includes recording means which controls the playback of the copy.

28. A receiving system as recited in claim 25, wherein the storage means stores the formatted information until playback is requested by an operator.

29. A receiving system as recited in claim 25, wherein the formatted data includes video information, and wherein the decompressing means further comprises:

video signal decompressing means for decompressing the video information contained in the formatted data.

30. A receiving system as recited in claim 29, wherein the output data conversion means further comprises:

digital video output means, connected to the video signal decompressing means, for outputting a digital video signal; and

analog video output means, connected to the video signal decompressing means, for outputting an analog video signal.

31. A receiving system as recited in claim 30, wherein the video output means further comprises:

copy protection means for preventing copying by the user of protected information.

32. A receiving system as recited in claim 25, wherein the formatted data includes audio information, and wherein the decompressing means further comprises:

audio signal decompressing means for decompressing the audio information contained in the formatted data.

33. A receiving system as recited in claim 32, wherein the output data conversion means further comprises:

digital audio output means, connected to the audio signal decompressing means, for outputting a digital audio signal; and

analog audio output means, connected to the audio signal decompressing means, for outputting an analog audio signal.

34. A receiving system as recited in claim 25, wherein the formatted data includes audio and video information, and wherein the decompressing means further comprises:

video signal decompressing means for decompressing the video information contained in the formatted data; and

audio signal decompressing means for decompressing the audio information contained in the formatted data.

35. A receiving system as recited in claim 25, wherein the transceiver means receives the information via any one of telephone, ISDN, broadband ISDN, satellite, common carrier, computer channels, cable television systems, MAN, and microwave.

36. A receiving system as recited in claim 25, wherein the source material library is a compressed data library.

37. A receiving system as recited in claim 29, wherein the output data conversion means further comprises digital video output means, connected to the video signal decompressing means, for outputting a digital video signal.

38. A receiving system as recited in claim 29, wherein the output data conversion means further comprises analog video output means, connected to the video signal decompressing means, for outputting an analog video signal.

39. A receiving system as recited in claim 32, wherein the output data conversion means further comprises digital audio output means, connected to the audio signal decompressing means, for outputting a digital audio signal.

40. A receiving system as recited in claim 32, wherein the output data conversion means further comprises analog audio output means, connected to the audio signal decompressing means, for outputting an analog audio signal.

41. A method of transmitting information to remote locations, the transmission method comprising the steps, performed by a transmission system, of:

storing items having information in a source material library;

retrieving the information in the items from the source material library;

assigning a unique identification code to the retrieved information;

placing the retrieved information into a predetermined format as formatted data;

placing the formatted data into a sequence of addressable data blocks;

compressing the formatted and sequenced data blocks;

storing, as a file, the compressed, formatted, and sequenced data blocks with the assigned unique identification code; and

sending at least a portion of the file to one of the remote locations.

42. A transmission method as recited in claim 41, wherein the step of placing further includes the steps of:

A/D converting analog signals of the retrieved information into a series of digital data bytes; and

converting the series of digital data bytes into formatted data with a predetermined format.

43. A transmission method as recited in claim 41, wherein the step of placing further includes the steps of:

converting digital signals of the retrieved information into predetermined voltage levels; and

converting the predetermined voltage levels into formatted data with a predetermined format.

44. A transmission method as recited in claim 41, wherein the step of placing further includes the step of converting digital signals of the retrieved information into formatted data with a predetermined format.

45. A transmission method as recited in claim 41, wherein the storing step further comprises the step of:

separately storing a plurality of files, each including compressed, sequenced data blocks.

46. A transmission method as recited in claim 45, further comprising the steps, performed by the transmission system, of:

generating a listing of available items;

receiving transmission requests to transmit available items; and

retrieving stored formatted data blocks corresponding to requests from users.

47. A distribution system including a transmission system and a plurality of receiving systems at remote locations, the transmission system being responsive to requests identifying items containing information to be sent from the transmission system to the receiving systems at the remote locations, the distribution system comprising:

storage means in the transmission system for storing information from the items in a compressed data form, in which the information includes an identification code and is placed into ordered data blocks;

requesting means in the transmission system, coupled to the storage means, for receiving requests from a user for at least a part of the stored information to be transmitted to the receiving system at one of the remote locations selected by the user;

transmission means in the transmission system, coupled to the requesting means, for sending at least a portion of the stored information to the receiving system at the selected remote location;

receiving means in the receiving system for receiving the transmitted information;

memory means in the receiving system, coupled to the receiving means, for storing a complete copy the received information; and

playback means in the receiving system, coupled to the memory means, for playing back the stored copy of the received information at a time requested by the user.

48. A distribution system as recited in claim 47, wherein the information in the items includes analog and digital signals, and wherein the storage means further comprises:

conversion means, for converting the analog signals of the information to digital components;

formatting means, coupled to the conversion means, for formatting the digital signals of the information;

ordering means, coupled to the formatting means, for ordering the converted analog signals and the formatted digital signals into a sequence of addressable data blocks and;

compression means, coupled to the ordering means, for compressing the ordered information.

49. A distribution system as recited in claim 47, wherein the memory means includes means for receiving information at the head end of a cable television reception system.

50. A distribution system as recited in claim 49, wherein the head end of the cable television reception system includes means for decompressing the received signals and distributing the decompressed received signals.

51. A distribution system as recited in claim 49, wherein the head end of the cable television reception system includes means for distributing compressed signals.

52. A distribution system as recited in claim 49, wherein the head end of the cable television reception system includes means for decompressing the received signals and for distributing the decompressed received signals and compressed received signals.

53. A distribution system as recited in claim 47, wherein the memory means is an intermediate storage device.

54. A method of receiving information at a receiving system from a transmission system which information is responsive to an input from a user, the input identifying a choice of an item stored in a source material library to be played back to the user at a receiving system at a location remote from the source material library, the item containing information to be sent from the transmission system to the receiving system, the receiving method comprising the steps of:

transmitting the identity of an item from the user to the source material library at the transmission system;

receiving at the receiving system the item from the transmission system as at least one compressed formatted data block;

converting, at the receiving system, the at least one compressed formatted data into a format suitable for storage processing and for playback in real time;

storing the converted information at the receiving system;

decompressing the stored information at the receiving system; and

playing back, at the receiving system, the decompressed information at a time specified by the user.

55. A receiving method, as recited in claim 54, wherein the decompressing step further includes the step of decompressing video information contained in the stored information.

56. A receiving method as recited in claim 54, wherein the decompressing step further includes the step of decompressing audio information contained in the stored information.

57. A receiving method as recited in claim 54, wherein the decompressing step further includes the steps of:

decompressing video information contained in the stored information; and

decompressing audio information contained in the stored information.

58. a receiving method as recited in claim 54, wherein the step of transmitting further includes the step of transmitting to a compressed data library the identity of an item.



Not sure yet what this means

[OldJeff]

OK - I have re read that and to my untrained eye it looks a hell of a lot like they still have some pretty solid legs to stand on

19 looks a lot like a really complicated description of a file server

35 is no doubt a computer connected to the internet

[Sharpie]

Thanks Jeff....

I was wondering what was left of their claims, and maybe our mini celebration was a little premature.....

From the untrained eye, it looked like all the trimmings were shaved off & maybe some of the meat was still there.

Would like to hear opinions from Brandon & LL on the remaining issues.

It appears that you definiately need to keep the donations flowing......... because there is a long way to go.

[Monk]

Originally posted by pushpills+Jul 13 2004, 12:00 AM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (pushpills @ Jul 13 2004, 12:00 AM)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-Serge_Oprano@Jul 12 2004, 10:14 PM
8% down today, not a good news for them at all...
;-)))
it will drop harder than that i speculate.

now, the real smart trader should know what the bounce point is, when to buy at bargain price and dump at the uprise....depending on how big of a blow it is (i didnt read the whole legal thing, not my cup since im not planning on buying any of this shit) could be a flop, but there's gotta be some margin, not to say its today, but 2 days from now at rock bottom, buying WILL increase and boost it, no? according to trends i've followed, yes. [/b][/quote]
which trends are those? that stocks can only drop for 2-3 days?

Trying to time the bottom in a stock like this is called 'catching a falling knife' and sure, some investors are able to tell when these types of stocks will bounce a bit... but most investors get eaten alive and lose their shorts.

I think I know what category you fit into.

[LadyLaw]

There is an article on AVN about the recent Markham hearing, which reiterates the fight has just begun....

http://www.avn.com/index.php?Primary_Navig...ntent_ID=108560 (http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=108560)

An excerpt from the article:

SANTA ANA, Calif. - In a tentative Markman order handed down late July 12 by U.S. District Judge James Ware, some claim terms in Acacia Research Corp.’s streaming media patent group claim were deemed indefinable, while others were held definable on Acacia’s terms.

Adult Internet challengers to the patents believe that the tentative ruling could yet pave the way toward a final ruling that they did not infringe the controversial Digital Media Transmission patent group and that the patent itself might be invalid, said two attorneys among the challengers’ legal teams.

Acacia, however, said that the Markman order still showed a solid case for patent infringement against the adult Internet defendants, and that on those terms Ware held indefinable Acacia intends to bring forth expert testimony to show otherwise in due course.

Acacia executive vice president Robert Berman said it was not unusual in Markman orders to “win on some issues and lose on some issues. And this case seems to be no different.” New Destiny/Homegrown Video chief Spike Goldberg and VS Media chief Greg Clayman, who have been co-leading the adult Internet’s challenge to the DMT patent claims, said they were extremely pleased with the Markman order.

“It looks like the judge went with Acacia on the remote locations and the digital decompressor [terms],” Foley & Lardner attorney Victor de Gyarfas, one of the challengers’ legal team, told AVNOnline.com. “He made it clear [earlier] that he was going to go with Acacia on that one. But with a lot of the others, he did seem to go with us, especially the unique identification code, the identification coding means, and the sequence encoder, and the library means.”

Fish & Richardson attorney Jonathan Singer said that that could prove crucial for the challengers. “It points both to possible non-infringement and possible invalidity,” he told AVNOnline.com. “We’re pleased with the results.”

“We still have a long way to go to finish this case up,” Goldberg told AVNOnline.com. “But this certainly is going to put Acacia into a very defensive mode instead of an offensive mode. For those people who have seen [the challenge] this far, they should be very proud of themselves.”
__________________________________________________ _____________

So yes, the fight has just begun, but the adult defendants (aka "low hanging fruit") have started strong in a case Acacia once termed as an easy battle. Whether or not prior art makes the underlying patent invalid remains to be determined.

The issue of attorney's fees is also mentioned in the article:

"The Markman order came down shortly after Goldberg and Clayman, for the Joint Defense Group, circulated an open letter to the adult Internet industry calling for help with the legal costs of the Acacia challenge, saying group members have already topped $1 million in attorneys’ fees to date in a case involving the kind of law that usually pulls hourly attorney fees between $400-600. "