Acacia Research Corp.'s streaming media patent claims have attracted mainstream attention along the streaming media track, with the company defending its position in a Streaming Media East panel discussion last month.
Executive vice president Robert Berman told the panel Acacia has yet to see anything they believe would invalidate their Digital Media Transmission patent group while stressing that the group covers only transmittal of stored content, not live Webcasting.
Reiterating a position he has held in the past, Berman told the panel the streaming media industry and those who use the technology should ask only three questions about DMT: "Does the patent cover what I do, is the patent valid, and are there reasonable licensing options available? We do everything we can to offer reasonable licensing options."
Asked why Acacia has yet to pursue large streaming media players like Microsoft, Apple, and RealNetworks, Berman told the panel those companies only provide some components covered by the DMT group.
But StreamingMedia.com executive vice president Dan Rayburn noted that all three of those companies create not just codecs, server software, and players, but stream content on their own Websites. "If that is Berman's and Acacia's stance," Rayburn told the panel, "how can iTunes and RealNetworks’ RealOne SuperPass not be infringing but CinemaNow can? Many in the industry feel that if Acacia's patent claims are so strong, they would go after the big three – something Acacia has shied away from doing."
Berman also rejected arguments, made by some adult Internet players who've challenged Acacia's claims either in court or in print, that Acacia is looking to bludgeon people with the patents. "We are looking for modest royalties from a lot of people," he said. "It is not like a license from Acacia will or should put anybody out of business."
The patent claim terms portion of pre-trial Markman hearings between several adult Internet companies and Acacia ended May 19, with federal judge Joseph Ware preparing to issue possible tentative rulings in July. A week after the claim terms sessions ended, Acacia signed its 121st DMT license, with Capella University, an online academy offering degree programs in business, technology, education, human services, and psychology.
