IP Democracy: Vonage Death Vigil: Zero Hour at the Appeals Court

Oral arguments were heard today at the DC Circuit Court of Appeals in the case of Verizon v. Vonage. Specifically, the appeals panel heard arguments about why an injunction against Vonage should or should not be imposed — if the court upholds the injunction, Vonage could go out of business entirely.

Brief background: Verizon successfully sued Vonage for infringing upon its patents in using certain technologies that are central to VoIP. Moreover, Vonage has been enjoined from using those technologies, although the VoIP pioneer succeeded in temporarily staying the injunction until the appeals court rules on the validity of the ban.

Today’s arguments focused on whether the injunction is enforceable. CNET’s Anne Broache says that at least one of the judges, Timothy Dyk, seems loathe to enforce the injunction because it would shut down Vonage.

In conveying that sentiment, Judge Dyk unintentionally (I think) said something funny. Dyk seemed to be seeking a middle ground resolution that would allow Vonage to continue surviving and suggested that one option is to give the company more time to devise a work-around. In so doing, Dyk said “I’m not sure Verizon has an interest in putting Vonage out of business.”

Ha ha ha ha…that’s so funny. Because, of course, that’s exactly what Verizon wants to do with this patent litigation. Stay tuned.

Posted by Cynthia Brumfield on June 25, 2007 2:03 PM to IP Democracy