dslreports logo
site
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


Search Topic:
uniqs
430
share rss forum feed
russotto

join:2000-10-05
West Orange, NJ

Vonage is right

At least two of the three patents were dead obvious, and could be implemented with a DNS server by adding a DNS record type for "IP to Phone Gateway". The third looked like the same thing dressed in obfuscating language. The KSR case goes directly to this kind of patent, making it easier to show obviousness in patents which are merely combinations of existing devices.

I think, though, to claim obviousness now, they'd have had to have raised the issue in their original case. But if their lawyers were any good, they did do so.

La Luna
RIP Lisa
Premium
join:2001-07-12
Warwick, NY
kudos:3

Re: Vonage is right

said by russotto:

....I think, though, to claim obviousness now, they'd have had to have raised the issue in their original case. But if their lawyers were any good, they did do so.
Since that ruling was handed down just yesterday, they obviously couldn't do that...hence they are:

....urging for a retrial "based on the new test for determining when an invention is too obvious to warrant patent protection."
--
~~"As long as America is an infidel enemy, terrorizing it is a duty." Sayed Imam Abdul-Aziz el-Sheriff~~

russotto

join:2000-10-05
West Orange, NJ

Re: Vonage is right

They didn't need this ruling to raise a claim of obviousness. This ruling only makes it more likely that they'd win. If they raised a claim of obviousness and it was dismissed or ruled against during their original trial based on the old test, they can probably use this decision to get a new trial. If they never raised a claim of obviousness at all, they're probably screwed.

Disclaimer: IANAL.

RadioDoc
Premium,ExMod 2000-03
join:2000-05-11
La Grange, IL
kudos:2

Re: Vonage is right

This ruling is mostly an excuse for Vonage to issue a press release in a sad attempt to stop the hemorrhaging. As you pointed out, their case for appeal is weak or nonexistent if their legal team did not raise these issues at trial.

I'm seeing desperate PR and little else.
--
Toolmaster of La Grange.

calvoiper

join:2003-03-31
Belvedere Tiburon, CA

Re: Vonage is right

"Obviousness" is a basic part of any challenge to a patent's validity. There is very little chance that Vonage's lawyers did not raise this at trial. As such, the issue has very likely been preserved for trial.

calvoiper
--
VoIP--the death knell of remaining voice monopolies!

RadioDoc
Premium,ExMod 2000-03
join:2000-05-11
La Grange, IL
kudos:2

Re: Vonage is right

Depends on how it was argued. If Vonage has such a great appeals case why are they screeching from the treetops via news releases and ad copy. Where is the actual appeal? Any half-assed legal team would have their case prepared by now.
--
Toolmaster of La Grange.
rradina

join:2000-08-08
Chesterfield, MO

Re: Vonage is right

I thought the appeals court ruled in Vonage's favor with regards to Verizon's "no new customers" injunction? Most of Verizon's damage claims were based on Vonage stealing customers. The appeals court is allowing Vonage to continue "stealing" Verizon's customers.

Doesn't this mean Vonage's legal team has already provided convincing argument that they have a reasonable chance to overturn the verdict? If the court didn't think Vonage has a reasonable chance, would they have allowed Vonage to continue to harm Verizon?

RadioDoc
Premium,ExMod 2000-03
join:2000-05-11
La Grange, IL
kudos:2

Re: Vonage is right

Pretty sure the injunction required convincing evidence they would prevail, not that Vonage would not have any defense. It would not have anything to do with the appeal.
--
Toolmaster of La Grange.

calvoiper

join:2003-03-31
Belvedere Tiburon, CA

Re: Vonage is right

Injunctions have a variety of tests involved, which are not the same as "winning" or "losing" the appeal, but do in fact have something to do with the liklihood of success shown by the party asking for the injunction.

Vonage is yelling because its good appeal just got better.

calvoiper
--
VoIP--the death knell of remaining voice monopolies!

RadioDoc
Premium,ExMod 2000-03
join:2000-05-11
La Grange, IL
kudos:2

Re: Vonage is right

They'd better start yelling in court instead of in the media.
--
Toolmaster of La Grange.

calvoiper

join:2003-03-31
Belvedere Tiburon, CA

Re: Vonage is right

Free speech really annoys you monopolists, doesn't it?

calvoiper
--
VoIP--the death knell of remaining voice monopolies!

RadioDoc
Premium,ExMod 2000-03
join:2000-05-11
La Grange, IL
kudos:2

Re: Vonage is right

Me? How am I a monopolist? Vonage needs to get their asses into court (or at least into their lawyer's office) and spend that time and money planning their appeal instead of taking out full page ads whining about it.

Now, tell me how that has anything to do with "free speech" or being a monopolist?
--
Toolmaster of La Grange.

calvoiper

join:2003-03-31
Belvedere Tiburon, CA

Re: Vonage is right

They are clearly doing both PR and legal work. Why does their PR annoy you so much? It's not like the incumbent telcos shut up when they are in a court battle....

calvoiper
--
VoIP--the death knell of remaining voice monopolies!

RadioDoc
Premium,ExMod 2000-03
join:2000-05-11
La Grange, IL
kudos:2

Re: Vonage is right

PR doesn't annoy me at all. It gives a clear window into their desperation. Vonage is very desperate.
--
Toolmaster of La Grange.
DMS1

join:2005-04-06
Plano, TX
But what if a third party was to challenge the validity of the patents? Would the appeal lawyer in the current case feel obliged to delay the appeal until after the results of the challenge? After all, no judge would want to be responsible for destroying a company based on a patent that may not even exist much longer.

calvoiper

join:2003-03-31
Belvedere Tiburon, CA

Re: Vonage is right

said by DMS1:

...After all, no judge would want to be responsible for destroying a company based on a patent that may not even exist much longer.
Maybe not. But it would be far from the first time it happened.

calvoiper
--
VoIP--the death knell of remaining voice monopolies!