Vonage Asks for Retrial, Citing Patent Ruling
Supreme Court's April 30 decision in KSR v. Teleflex Helps VoIP Provider’s Case
By Todd Spangler -- Multichannel News, 5/1/2007 1:23:00 PM
Vonage Holdings, which a federal jury ruled infringed on patents held by Verizon Communications, asked for a new trial in the case by citing a U.S. Supreme Court ruling this week that makes it harder for patent holders to defend “obvious” patents.
The Internet-phone company Tuesday asked the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., to vacate and remand the lower court's decision and send the case back for a new trial.
Vonage said Verizon’s case against it should be retried in light of the Supreme Court's April 30 decision in KSR v. Teleflex, in which the court found that "granting patent protection to advances that would occur in the ordinary course without real innovation retards progress.”
"We are very encouraged by the Supreme Court's decision and the giant step it represents toward achieving much-needed patent reform in this country," Vonage chairman and interim CEO Jeffrey Citron said in a prepared statement.
After it was found guilty of infringing on three Verizon patents and ordered to pay $58 million plus future royalties, Vonage last week won a temporary stay of an injunction that would have prevented it from signing up new customers while it appealed the decision.
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