Cybernet Ventures, which includes Adult Check, filed a counter-action suit, 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 direct audio or video content providers, but who deal with such content providers by way of age verification programs and Webmaster affiliate programs, among others. Acacia claims such companies are 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.
