September 19, 2005 Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 Re: Acacia Research Corporation Registration Statement on Form S-3 and Prospectus Supplement filed pursuant to Rule 424(b)(5) Filed September 16, 2005 File No. 333-128359 Dear Sir or Madam: Pursuant to Rule 477 promulgated under the Securities Act of 1933, as amended, Acacia Research Corporation (the "Company") hereby requests that the Securities and Exchange Commission consent to the withdrawal of the Company's Registration Statement on Form S-3 and the accompanying Prospectus Supplement filed pursuant to Rule 424(b)(5) (Registration No. 333-128359), together with all exhibits thereto (the "Registration Statement"). The Registration Statement was erroneously tagged and subsequently refiled with the correct submission header. Questions concerning this application for withdrawal may be directed to the Company's legal counsel, Raymond A. Lee of Greenberg Traurig, LLP at (714) 708-6500. Thank you for your assistance in this matter. Sincerely, /s/ Paul R. Ryan -------------------------- Paul R. Ryan Chief Executive Officer