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Vonage The deal is, if Verizon has a Patent that PREDATES this technology, and Vonage
The deal is, if Verizon has a Patent that PREDATES this technology, and Vonage infirnges all the elements of at least one independent claim, then they infringe, period. There is nothing "broken" about the system. That is how it WORKS.
Similarly if Vonage can "work around" the Patent by not practicing one element of the claim, then they don't infringe, period. That is how the system works, and it works.
If the "Prior Art" you allege is so well known, you would think the $500-an-hour litigators and their expert witnesses Vongage hired would have found it and presented it to the jury. Or Vonage could have requested a Re-exam at the Patent Office. There is ample opportunity to invalidate a Patent at every level and step in the process.
I suspect, however, that your explanation is over-simplified. Again, the "Prior Art" to invalidate a Patent has to be PRIOR to the patent in question. You can't just say "well, everyone does this, so we don't infringe". It has to predate the Patent.
We have a LITIGATION problem in the USA, not a Patent problem. Litigation costs hundreds of thousands of dollars per MONTH, due to the arcane procedures and wasteful discovery techniques. This acts to punish the little guy in any Patent Litigation.
The Patent "reformers" pushing for the new Patent "reform" bill include all the big corporations, headed up by none other than Bill Gates of Microsoft, who argues that patents owned by individual inventors and small companies are stifling the "innovations" of Microsoft.
(If you don't get that bad joke, I can't help you. Microsoft was built on other people's technology, starting with DOS, which was little more than a knock-off of CPM and continuing with Windows which was copied from Xexox PARC).
Do you really think your interests are alligned wth Bill Gates'? Think carefully about that.
Be careful of what you wish for. You might get it.
The corproate interests who want to gut the Patent system have been flooding the internet newsgroups with messages about how the Patent system is "broken" - for well over a decade now. When I hear that "broken" line, I know someone has been taken in by this "talking point".
I recall replying to one message on a USENET newsgroup (remember those?) - over 10 years ago, that claimed that by the year 2000 Bill Gates would own the internet because of Patents and that the software business would grind to a halt because of Patents. 10 years later, and it still hasn't happened.
The joke is, Microsoft had no patents then, and had to pay out to buy smaller companies (like Stacker) with Patented technologies. It was (and continues to be) the little guy who benefits mostly from the Patent system.
If those start-ups, solo inventors, and small companies did not have patents, Gates would have just taken their ideas and crushed them without giving them a penny (as would have been his right). Patent law is the only thing protecting the little guy in the technology arena.
Vonage's mistake was not getting its own Patent IP to fight back with. A search of the USPTO website reveals no pending applications or patents assigned to Vonage.
Big mistake, right there.
Read The Full Thread: Verizon Patent Lawsuit
• VG Vonage: U.S. Judge issues injunction barring Vonage from using Verizon internet
• Unlikely. Vonage may have to pay, leave it up to the lawyers.
• That was the point of the injunction. Verizon said "we don't want money, we want
• March 23 (Bloomberg) - Vonage Holdings Corp., the Internet phone-service provider,
• skipperAl -
I suspect you are right. I can't imagine Vonage knuckling under
• In my opion and interpretation:
Despite Verizon's wishes, I bet vonage will
• Well, for their own sake, I hope they manage this feat a little faster than ACR...
• Dish Network LOST to TiVo and an injunction was sought. That was probably a year
• Same thing with Blackberry two years ago, and mine still works.
• This is messed up. I ported my long time phone number over to Vonage and I am very
robertplattbell posted "The deal is, if Verizon has a Patent that PREDATES this technology, and Vonage" on 09/27/2007 |
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