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Acacia -ACTG- Adds New Defendants to Patent Litigation and Seeks Class Action Status.


Business Editors/Legal Writers/Health/Medical Writers/High-Tech

Writers

NEWPORT BEACH Newport Beach, residential and resort city (1990 pop. 66,643), Orange co., S Calif., on Newport Bay and the Pacific Ocean; inc. 1906. It is a popular seaside resort and yachting center. Manufactures include electrical and medical equipment, computers, boats, and adhesives. , Calif.--(BUSINESS WIRE)--Dec. 18, 2003

Acacia Research Corporation (Nasdaq:ACTG ACTG Acting
ACTG AIDS Clinical Trial Group
ACTG Actuating/Actuator
) (Nasdaq:CBMX) announced today that it has added 8 new adult entertainment defendants to its patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
, now pending in the District Court for the Central District of California. Acacia originally sued 39 adult entertainment companies, and prior to adding the new defendants, had only 11 defendants remaining in the litigation.

The new Complaints, filed with the Court, seek to create a defendant class for all adult entertainment companies that infringe Acacia's DMT See DSL.  patents by transmitting pre-recorded, digital audio and audio/video adult content via any electronic communication channel into or from the Central District of California, or that operate at least one interactive website where a user located in Central District of California can exchange information with a host computer. Defendant class action status, which must be approved by the Court, would permit the Court's rulings on certain key issues to legally bind all members of the class, whether or not they have been specifically named as defendants in the litigation. This would result in a much more efficient use of Acacia's resources, eliminating the need for certain duplicative litigation.

Acacia has entered into 106 license agreements for its DMT technology with companies in the hotel in-room entertainment, and online music, movie and adult entertainment industries.

Acacia's DMT technology, which is covered by pioneering patents, relates to audio and video transmission and receiving systems, commonly known as audio-on-demand, video-on-demand, and audio/video streaming, and is used for distributing digital content via several means including Internet, cable television, satellite and wireless systems.

About Acacia Research Corporation

Acacia Research Corporation comprises two operating groups, Acacia Technologies
''Acacia Technologies was also the name of division within Computer Associates that effectively closed down in 2002 when its assets were sold to SSA Global Technologies.
 Group and CombiMatrix Group.

The Acacia Technologies group licenses its DMT technology to media and electronics companies. The DMT technology covers the transmission and receipt of digital audio and digital video content, commonly known as audio on-demand, video on-demand, and audio/video streaming, and is supported by 5 U.S. and 17 international patents.

The CombiMatrix group is developing a platform technology to rapidly produce customizable active biochips, which are semiconductor-based tools for use in identifying and determining the roles of genes, gene mutations and proteins. CombiMatrix's technology has a wide range of applications including DNA DNA: see nucleic acid.
DNA
 or deoxyribonucleic acid

One of two types of nucleic acid (the other is RNA); a complex organic compound found in all living cells and many viruses. It is the chemical substance of genes.
 synthesis/diagnostics, drug discovery, and immunochemical im·mu·no·chem·is·try  
n.
The chemistry of immunologic phenomena, as of antigen-antibody reactions.



im
 detection. CombiMatrix's Express Track(SM) drug discovery program is a systems biology approach, using its technology, to target common viral diseases with siRNA compounds.

Acacia Research-Acacia Technologies (Nasdaq:ACTG) and Acacia Research-CombiMatrix (Nasdaq:CBMX) are both classes of common stock issued by Acacia Research Corporation and are intended to reflect the performance of the respective operating groups and are not issued by the operating groups.

Information about the Acacia Technologies group and the CombiMatrix group is available at www.acaciaresearch.com.

Safe Harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
 Statement under the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995:

This news release contains forward-looking statements within the meaning of the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995. These statements are based upon our current expectations and speak only as of the date hereof. Our actual results may differ materially and adversely from those expressed in any forward-looking statements as a result of various factors and uncertainties, including the recent economic slowdown affecting technology companies, our ability to successfully develop products, rapid technological change in our markets, changes in demand for our future products, legislative, regulatory and competitive developments and general economic conditions. Our Annual Report on Form 10-K Form 10-K

A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information.


Form 10-K

See 10-K.
, recent and forthcoming Quarterly Reports on Form 10-Q Form 10-Q

See 10-Q.
, recent Current Reports on Forms 8-K and 8-K/A, and other SEC filings discuss some of the important risk factors that may affect our business, results of operations and financial condition. We undertake no obligation to revise or update publicly any forward-looking statements for any reason.
COPYRIGHT 2003 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Dec 18, 2003
Words:641
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