PDA

View Full Version : CyberNet Countersues Acacia


ggmovies
02-20-2004, 04:01 AM
Cybernet Ventures, which includes Adult Check, filed a counter-action February 9 against Acacia Research Corp., saying the Newport Beach, California company's claims to a series of streaming media patents are invalid and unenforceable, and seeking a formal declaration that they did not infringe the claimed patents.

The filing occurred four days after the first session in what is expected to be a lengthy enough Markman hearing process was held in federal court in Santa Ana, California.

"(We) do not and have never infringed any...patent, either directly, contributarily, or by inducement," Cybernet said in their court filing. "(We) have the right to offer (our) products and services without being harassed, threatened, or molested by Acacia."

Cybernet Ventures came under Acacia's radar last year, when Acacia began adding to its list of litigants adult Internet companies who aren't direcct audio or video content providers but who deal with such content providers by way of such as age verification programs and Webmater affiliate programs, among others. Acacia claims such companies guilty of contributory infringement for referring their customers to the allegedly infringing content providers.

Among other counterclaims, Cybernet's filing says two of the group of claimed Acacia patents are "so general, vague, and ambiguous that (they fail) to enable persons skilled in the relevant art to make and use the claimed invention, thereby invalidating (their) claims...Moreover, many of the claims...are indefinite, thus rendering the claims invalid under (federal law)."

Cybernet Ventures was one of two companies Acacia named in December, when they began seeking class-action assignment for litigation involving other defendants, as the companies Acacia wants to have represent the class if the assignment is granted. The other company was Global Media Resources, the parent of Python Video.







Im glad someone is taking a stand. Does AB have any plans on joining on??

Neo Beta
02-20-2004, 05:00 AM
I thought AB already settled? Could be wrong..

ggmovies
02-20-2004, 05:58 AM
AB did settle. I'm just saying even though they settled with them they should still join the fight to show Acacia that their claim is full of shit and that they should get all the money that they paid them in royalties

darnpj
02-20-2004, 03:47 PM
Hey GG,

What I hate most about this Acacia thing is all of the other lawsuits it has started. I read about the fella who claims to have invented the 56k modem and that he got his nerve to file suit from Acacia,I believe that if you truly have invented a product or any other item that helps ppl to do a job or even to wipe the ole butt, you should be wise enough to have looked and covered yourself with any legal help and if you invented it you are due something.
But you dont wait for how many years and when other ppl have in a sense made the item a sucess, then file to make the money you should have been getting all along! Its easy for ppl to steal an idea or anything all they have to do is change a letter or its easy as my wife has learned from trying to get some of her ideas made into working tools. lotsa ppl say oh yea what a GREAT idea and then they want money or the next thing ya know there it is on TV being sold for 19.99.
I for one am very glad that AB had the forsight and the ability to see this coming and to make our lives easier. Thanks AB :D