VoIP Provider Vonage Asks Court to Retry Patent Case

By Spencer D. Chin

TMCnet Web Editor

 

Beleagured voice over IP service provider Vonage (News - Alert) (News - Alert) has asked the U.S. Court of Appeals for the Federal Circuit in Washington D.C. to vacate and remand the U.S. District Court's decision finding Vonage infringed on certain Verizon (News - Alert) technology, by applying the logic used in another recent court ruling.

 

According to a statement, Vonage has asked the appeals court to send the decision back to the lower court to retry the case based on the new test for determining when an invention is too obvious to warrant patent protection. The U.S. Supreme Court unanimously adopted this new test in the KSR v. Teleflex case Tuesday.

 

Vonage praised the high court's decision, which held that the obviousness question should not be determined in a narrow, rigid manner that denies common knowledge, but rather should incorporate a more expansive, flexible approach that considers common sense when assessing whether an invention is ordinary or obvious, and thus ineligible for patent protection.

 

"We are very encouraged by the Supreme Court's decision and the giant step it represents towards achieving much-needed patent reform in this country," said Jeffrey Citron, Vonage chairman and interim chief executive, in a statement. "The Supreme Court's decision should have positive implications for Vonage and our pending patent litigation with Verizon. We are also hopeful that this case will protect legitimate innovators and the value of their inventions, unlock the innovation process, and provide that companies are better able to conduct business without the encumbrance of meritless patent claims."

 

Vonage continues to grapple for any leverage it can in trying to overturn the March court decision ordering the VoIP phone provider to pay Verizon $58 million in damages, plus future royalties, for infringing three of Verizon’s patents. Last week, the company launched a public relations campaign called "Free to Compete" in an attempt to rally support in its patent trial, which awaits a decision by the U.S. Court of Appeals.