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Court Issues Initial Claim Construction Order in Digital Media Transmission Litigation.


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. -- Acacia Research Corporation (Nasdaq:ACTG ACTG Acting
ACTG AIDS Clinical Trial Group
ACTG Actuating/Actuator
) announced today that the District Court for the Northern District of California issued its initial Claim Construction Order in the pending Digital Media Transmission ("DMT See DSL. (R)") 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.
 brought by its Acacia Media Technology Corporation subsidiary against certain Cable, Satellite, and Internet defendants.

In the Order, the Court confirmed its tentative ruling, previously issued on July 12, 2004. In the initial phase of the claim construction process, the Court permitted the parties to submit 22 terms from Acacia's DMT patents to be defined by the Court. The Court has defined 19 terms so far, and has held that 3 terms could not be defined and are indefinite. The indefinite terms potentially invalidate 1 of Acacia's 5 DMT Patents. The Court invited the parties to submit additional terms for construction, as well as motions based upon the Order, to be heard at a hearing on February 24, 2006.

At this time, Acacia expects to submit additional terms to the Court to be defined in the next phase of the claim construction process, and will continue to assert up to 30 patent claims that do not contain the indefinite terms from its 4 other DMT patents, and that Acacia believes are infringed by the defendants. At the earliest opportunity, Acacia also expects to appeal the Court's decision on 2 of the 3 indefinite terms to the U.S. Court of Appeals for the Federal Circuit.

Acacia has 307 license agreements for its DMT technology with companies that provide online entertainment, movies, music, news, sports, corporate advertising and promotion, and e-learning, and cable television services, and hotel on-demand television services.

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 develops, acquires, and licenses patented technologies. Acacia controls 34 patent portfolios, which include over 130 U.S. patents, and certain foreign counterparts, covering technologies used in a wide variety of industries including audio/video enhancement & synchronization, broadcast data retrieval, computer memory cache coherency co·her·en·cy  
n. pl. co·her·en·cies
Coherence.

Noun 1. coherency - the state of cohering or sticking together
coherence, cohesion, cohesiveness
, credit card fraud Credit card fraud is a wide-ranging term for theft and fraud committed using a credit card or any similar payment mechanism as a fraudulent source of funds in a transaction. The purpose may be to obtain goods without paying, or to obtain unauthorized funds from an account.  protection, database management, data encryption & product activation, digital media transmission (DMT(R)), digital video production, dynamic manufacturing modeling, enhanced Internet navigation, hearing aid ECS See eComStation. , image resolution enhancement, interactive data sharing, interactive television, interstitial Internet advertising, laptop docking station connectivity, microprocessor enhancement, multi-dimensional bar codes, network data storage, resource scheduling, rotational video imaging and spreadsheet automation.

The CombiMatrix group is developing a platform technology to rapidly produce customizable arrays, which are semiconductor-based tools for use in identifying and determining the roles of genes, gene mutations and proteins. The CombiMatrix's group's technology has a wide range of potential applications in the areas of genomics, proteomics, biosensors, drug discovery, drug development, diagnostics, combinatorial chemistry, material sciences and nanotechnology.

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 2005 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Dec 8, 2005
Words:683
Previous Article:Quick-Med Technologies, Inc. Receives Key Patent on Its NIMBUS Technology; U.S. Patent Allowance Significantly Strengthens Overall Patent Portfolio.
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