Court Denies Vonage’s Retrial Motion
VoIP Provider’s Bid to Buck Verizon with Supreme Court Ruling Fails
By Todd Spangler -- Multichannel News, 5/3/2007 9:30:00 AM
A federal appeals court denied a request by Vonage Holdings for a retrial in the patent-infringement case the Internet-phone company lost in a suit brought by Verizon Communications.
Vonage asked for a new trial Tuesday by citing a U.S. Supreme Court ruling this week that could make it harder for patent holders to defend “obvious” patents. On Wednesday, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., denied the motion.
Vonage hoped to get a new trial after the Supreme Court’s April 30 ruling 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.”
The appeals court set a June 25 hearing in the case. Last week, the court granted Vonage a temporary stay of an injunction, ordered by a lower court, that would have prevented Vonage from signing up new customers while it appealed the decision.
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