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Vonage Wins Permanent Stay in Verizon Case

kamikaze-Tech writes "The US Court of Appeals for the Federal Circuit in Washington DC today issued Vonage a permanent stay of a previous court's injunction that would have barred it from signing up new customers. Vonage sought the stay following an April 6th decision by the US District Court in Alexandria, VA enjoining the company from using certain VoIP technology to add new customers."

15 of 104 comments (clear)

  1. still could be screwed? by tedshultz · · Score: 3, Interesting

    This lets them sign up new customers, but they still could be screwed as far as the patent thing.

    1. Re:still could be screwed? by zappepcs · · Score: 5, Interesting

      I have a hunch that Vonage will survive http://gigaom.com/2007/04/08/voip-patent-mess/ this article talks about how Verizon really shoudn't have the patents in the first place, and this might be a good argument in the appeals process.

  2. Re:Not so fast on that 'huge sigh' by Billosaur · · Score: 3, Interesting

    Very true, but it gives them time to try and get around the patents in question. So while I suspect the folks at Vonage corporate are happy, the tech staff is probably not popping champagne corks just yet.

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  3. Verizon's Bitch Whore... by Frosty+Piss · · Score: 3, Interesting

    Unfortunately for Vonage, under the current patent system, Verizon almost certainly has them under their thumb. Within the current rules, I'm betting that Vonage can't win, and somehow will become Verizon's bitch whore just to stay in business. Patent reform is the solution, but it's not going to happen in time for Vonage.

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  4. How about.. by loconet · · Score: 2, Interesting

    I'm not too familiar with what exactly is going on here and the reach of the issues but how about Vonage Canada? Did Verizon register the patent up here as well? Does it even matter (considering traffic still goes through American based technology/infrastructure)?..

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  5. Re:Corperate America wins again by Shambly · · Score: 3, Interesting

    What makes you think Verizon is willing to license to Vonage? Because there is money in doing so. It's likely more profitable for Verizon to obtain royalties from Vonage then to have them take over their business.

    Or it's a matter of Verizon trying to sue Vonage out of business. Despite what you think company execs aren't vicious little monsters out to destroy everything that is not them. It is more profitable for them to charge large licensing fees to Vonage then to destroy them.

    Huh? How do you think the injunction came into existence in the first place? Verizon has already taken the argument to court. We are still in the deliberation stage. Verizon and Vonage can still reach an agreement that is mutually beneficial (at least better then one that may be arbitrary assigned by a judge).
  6. Re:Vonage sucks donkey balls, no, really! by revlayle · · Score: 2, Interesting

    So how do you get a actual phone number tied to your VoIP and how can you dial out to an arbitrary phone number? If I knew how to do that, I wouldn't get Vonage (or Verizon) either!

  7. Re:Does the general public know? by Jett · · Score: 3, Interesting

    I don't get the whole "911" thing. I've had to call 911 on my Vonage phone and it worked fine. As I'm sure everyone here knows, when you sign up you have to "activate" 911 service (i.e. fill out a form with your address and wait for them to verify it) - it's no big deal.

  8. Re:Vonage sucks donkey balls, no, really! by Mordaximus · · Score: 3, Interesting

    Through any number of wholesale VoIP providers. This might help : http://www.voipproviderslist.com/

    I've personally used Unlimitel (In Canada) for over a year and have been extremely happy with the service. $2.50/month for a DID and $0.01/minute for calls on their network, which is where I place most of my calls. It was far, far cheaper with me (With 4 DIDs) using their service than even basic service from other providers.

    You're best off if you're running your own PBX, such as Asterisk, since you can provide your own voice mail services etc.

  9. Jeff Pulver claims prior art.... by Newer+Guy · · Score: 3, Interesting
    Jeff Pulver has come forward claiming that he published a book called "The VOIP Toolkit" that has all of verizon's patent stuff in it. The problem for Verizon is that the book was published MONTHS before they filed for their first patent. he used name translation for Free World Dialup back in 1995. It also looks like Dialpad predated Verizon's use of this technology as well...

    Here: http://pulverblog.pulver.com/archives/006846.html

    Verizon is looking more and more screwed every day....
  10. Re:Ok, so now what? by kilodelta · · Score: 3, Interesting

    I too hope Vonage triumphs. After all, the patents in question have already been clearly shown to be patents of existing art that was in the public domain. Lets go one further. If Vonage wins I say they should file an anti-trust suit against Verizon. Verizon is only going after Vonage because Verizon has lost 1/3 of their local loop business. Curiously they didn't go after the cable companies, or the other VoIP carriers. That makes it clear that they're trying to send a message. The worst part is, Verizon isn't really regulated anymore. They could do their own VoIP and they have, but the pricing is way out of line with what Vonage among others charges.

  11. Re:Somehow I can't imagine that Verizon really wan by grasshoppa · · Score: 3, Interesting

    This doesn't SAVE Vonage - it just allows them to continue to exist until Verizon can either buy them on the cheap or else get lots of money from them. In order for your argument to make sense, then Verizon would have to believe that another larger player in the VOIP market was going to emerge that they should wait and try to extort for a larger payday in the future.

    It's not about the money. Phone companies in general aren't about making money; They have more money than God. What do they need an extra 60 mil for?

    The telcos are all about power; Consolidating theirs. If there are external voice players out there, they want them eliminated. A rival and real competition would threaten their hold on their market, and that's not something they'll stand for. VoIP has the potential to be the most disrupting technology since the internet itself; The telcoms are terrified of it. If they can supress it long enough to establish a strangle hold on it, they win.

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  12. Re:Good! by Planesdragon · · Score: 2, Interesting

    What is there to appeal against? "The patents system is fucking retarded and you should throw the case out on principle"? No. Both the structure of Congress, our electoral system, and the absurd extremes of the 1st and 2nd amendment prove that "fucking retarted" doesn't disqualify a law.

    I'd go with the simple "that patent is invalid" argument, and if that doesn't work a "they're a monopoly and should be made to license that patent for a court-determined cost" argument.
  13. Re:Good! by EdelFactor19 · · Score: 2, Interesting

    as much as I hate to say it, monopolies arent illegal. monopolistic practices are. The government has no right and would set a far worse precedent enforing licensing by a court determined cost. That would be the absolute worst thing that could possibly happen. Next thing you know based on that precedent judges through the land will be licensing patents for people against their will without their knowledge for whatever price they determine. A patent most fundamentally grants you the right to determine the fate usage and licensing of your patent. You have every right to refuse to license it to people whether or not you plan on doing any with it.

    to be honest im surprised big oil hasnt teamed up with the auto industry to patent everything under the sun involving electric cars and then refuse to license it to anyone so that they can continue to avoid the electric car thing (watch 'who killed the electric car')

    I really hate patent trolls, and I really side on vonage with this whole thing... but irregardless you cant just say fuck it they have all the control make them license everything.... and sadly the folks it will end up hurting the most is the FOSS community.. now commercial groups will have the means to forcibly pay for license to profit off Open source development.

    the one and only problem here is the flock of moronic idiots who are in control of the USPTO... which reminds me, I wonder if they are hiring, it would probably be fun to do nothing and grant patents simply because i felt like it.

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  14. Re:verizon will do whatever it takes to win by Shishak · · Score: 2, Interesting

    I OWN a CLEC in MA and Verizon does NOT change the rules on us. The rules are pretty straight forward, read 'The Act' and subsequent FCC TROs. The FCC DOES change the rules on occasion, sometimes for the good, sometimes for the bad. The biggest problem is that the 2 largest voices against the RBOCS were AT&T & MCI. Those voices have been silenced.

    The single most troubling word in 'The Act' is 'impaired'. The RBOCS must provide a service to a CLEC at Unbundled Network Element (UNE) pricing if the CLEC would be impaired without it. The definition of impaired has been strongly contested for the past 10 years. Am I impaired when I don't have access to fiber to homes & businesses? I say yes, Verizon says no. The FCC agrees with Verizon.

    I'm hoping Congress gets their act together with the 'Telecomunications Act of 2006', Maybe we'll see it in 2008, maybe it will be better written. It is more than just network nuetrality but that a big part

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