In an AVN article
http://www.avnonline.com/issues/2004...032404_1.shtml
[note, Rothken is Ira Rothken, attorney for Voice Media involved in the HomeGrown Video dispute]
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"At this point," Rothken continued, "it appears as though Homegrown has decided that, apparently, they don't care about their affiliates. They're wrong about their patent theories and not only put themselves in peril but all those who are making money off sending traffic to them. The right thing here is to maintain the Acacia license while the patent litigation plays out."
But he said if New Destiny/Homegrown proves right about the Acacia patents, "at that point we will have done two things: One, we will have taken the correct business step, that during the litigation [we] would not be sued over the Acacia issue as it relates to CECash sites; and, number two, to the extent that there is an adverse finding against Acacia, that it's not likely that any further patent licensing fees would have to be paid. [Our] decisions are driven not by litigation crusades but by prudent balancing of the risks and benefits. This industry does not need further litigation."
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Mr. Rothken seems to suggest that when someone knocks on your door with a (bogus) patent, that you should just pay up and wait until some other company takes care of the problem. I think this idea comes from the skool of the Ostrich Approach to dealing with Problems.
As you read from the previous post, Rothken said that Homegrown and its affiliates were protected.
When the defendants get a non-infringing verdict, it won't be an invalidation of the patent. So it does remain to be seen if existing licensees must continue to pay the license, because the patent was not invalidated and secondly, the licensee agreed in writing of what they were doing was infringing the patent.
Fight the Sand in the Ears!