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Vonage seeks new patent trial

Written by Jane Coyle on 04 May 2007

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The Internet phone company Vonage Holdings said that it was seeking a retrial of a patentinfringement case against the company in light of a landmark patent ruling by the Supreme Court on 1 May.

Vonage said that it had filed a motion with a federal appeals court asking it to vacate a March 8 patent infringement verdict that went against the company and in favour of Verizon Communications and to send the case back to a lower court for a new trial. The Supreme Court ruling on Monday loosened a crucial legal standard making it easier to invalidate some patents on the ground that they were obvious inventions. Vonage said the lower court should be instructed to review the case taking into account the Supreme Court’s call for “a more expansive and flexible approach that allows for consideration of common sense when assessing whether an invention is ordinary or obvious, and thus ineligible for patent protection.” Verizon is seeking to bar Vonage from any use of its patented technologies after a jury in March found Vonage had infringed three patents.

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