I have to dive into semantics here... you wrote that Hustler and Vivid were in LITIGATION. So they were in court with Acacia? That's what LITIGATION means (i checked with an attorney as well as with the dictionary before i made this statement).
Maybe you meant to write, they were in DISCUSSIONS with Acacia on the licensing issues.
Any maybe the "fighting" was more like "heated discussions".
You also wrote they spent hundres of thousands of dollars on expenses.... maybe it was more like tens of thousands?
Also, that Hustler and Vivid couldn't partake in any activities to "fight" against them?????
THe answers don't matter.... the big players have settled, leaving the rest of the players to fend for themselves...afterall, why would anyone expect a competitor to want to stand up for other competitors.. oh wait, Larry did that before....i guess that's where people get that impression.
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The answers do matter
1. They WERE in litigation with Acacia. They were served with a lawsuit quite some time ago and thus litigation began. Might want to check the dictionary again on this one. Litigation has nothing to do with going to court. By definition, it is "To engage in legal proceedings"
2. Hustler and Vivid don't take lawsuits lightly, nor do they settle quickly. They put up quite a costly fight and even during settlement talks, they fought long and hard for terms that they could live with and that would allow their affiliates to feel no pain.
3. I'm not sure if you've ever been in patent litigation before, but just to respond to the initial lawsuit cost more than $10,000. I meant what I said in terms of what they spent. Hustler and Vivid use a team of top attorneys, which results in very large legal fees.
4. I said they originally chose not to join that group due to differences in how to approach the issue, different agendas, different legal teams, etc. Under their licensing agreement, they are now prohibited from funding a lawsuit against Acacia. Trust me.....this is one issue we fought for that we did not win on.