Vonage Wins Permanent Stay in Verizon Case 104
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."
Good! (Score:4, Insightful)
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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.
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As opposed to what, letting the monopoly (Verizon, in this case) shut down what little competition it has via patents? That's the very essence of "monopolistic practices". So enforcing licensing by a court order is exactly what is needed here, i
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I suck. The parent should read thusly:
As opposed to what, letting the monopoly (Verizon, in this case) shut down what little competition it has via patents? That's the very essence of "monopolistic practices". So enforcing licensing by a co
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A. Patents expire.
B. No one is saying Verizon's competition should be shut down. The competition either needs to find or create another way to solve the problem that avoids the patent, license it, or invalidate the patent (which I'm hoping will instead happen)
C. You have every right not to license a patent because you would want the rights to exclusively do it yourself. Apple doesn't license the Macintosh to be made by others. Should they be forced to do so ending their monopoly?
H
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And, yet, the most recent Telecommunications Act did just such a thing. It forced providers to open their networks, set standard pricing for the use of those networks and created competition where none was existing.
I believe numerous lawsuits and new court rulings have castrated it, though, into something so impotent, that Viagra wouldn't help.
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Check out http://freetocompete.com/ [freetocompete.com]
I do not want to lose my voip!
Vonage is likely saying.... (Score:5, Funny)
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I hate the commercials too. But I've been a Vonage user since just about Day One, and they have been extremely cool with me. Even overseas (read Lahore) support. I don't like out-sourced support, either, but I cannot dismiss my own experience, based on my, or mob, prejudice. So, I am very happy that the 9th Circuit has injected at least a modicum of common sense into this situation. But... the 'whoo, hoo, hoo' thing? heheh.... no :)
-Regards,
Brian Stegner
verizon will do whatever it takes to win (Score:2, Informative)
on us to make our lives difficult. I hope vonage wins the day.
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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
still could be screwed? (Score:3, Interesting)
Re:still could be screwed? (Score:5, Interesting)
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Ok, so now what? (Score:5, Funny)
Re:Ok, so now what? (Score:5, Informative)
They continue the appeals process. If they win on appeal, Vonage continues doing business. If they exhaust all available appeals and lose, the injuction goes back into effect, Vonage can't sign up any more customers and eventually goes out of business, unless it gets bought out by Verizon.
As a very happy Vonage customer, I'm hoping they win.
Re:Ok, so now what? (Score:4, Interesting)
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I don't know the facts in this case, but generally the claims of patents are made as far reaching as possible, so as to include not just the specific implementation of the invention, but any possible alternatives for accomplishing the same, or possibly even a very similar result.
Overly broad claims can be struck down without invalidating the entire patent, so perhaps Vonage
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There are multiple examples of prior art, any of which should be sufficient to invalidate the Verizon patent.
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I am too, or at least until Verizon puts FIOS on my street.
Man, talking about sleeping with the devil......
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Hopefully, mankind in the next few years will patent every obvious idea possible so that by 2030 we can get back to actually inventing real non-obvious inventions.
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Not so fast on that 'huge sigh' (Score:5, Informative)
It ain't over 'til it's over.
Re:Not so fast on that 'huge sigh' (Score:4, 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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Very true, but it gives them time to try and get around the patents in question.
They can't work around them. The patents basically cover converting an IP address to a phone number [american.com] and visa versa. It's impossible to connect VoIP to the phone network without doing this. Unless or until the patents are determined to be invalid Verizon owns VoIP and can shut down any company that ties VoIP to the phone network.
Corperate America wins again (Score:3, Insightful)
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What makes you think Verizon is willing to license to Vonage?
Or it's a matter of Verizon trying to sue Vonage out of business.
Huh? How do you think the injunctio
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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
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Is it? Where's your proof of that? You said it's likely - I call shenanigans. Even if Verizon doesn't pursue VOIP service, Vonage's continued existence takes customers away from Verizon. It's not even a matter of Verizon making use of the patents they have, they could merely sit on them to keep a competitor out of the field. You haven't proven to me that
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I was responding to the claim that it is more profitable to license to Vonage than to drive Vonage out of business. The fact that licensing might expand the customer base does nothing to prove that it is more profitable to license than to drive Vonage out of business. Starting your statement by saying, "Well, for one," seems to
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The claim is plausible, isn't it? That's enough. Or are you willing to jump out on a limb and say there is no possible way Verizon could benefit, Mr. I see everything in black and white?
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No, it's not enough. The person I replied to was not saying that it was plausible or even just merely possible. He was stating that it was clearly the case that Verizon would be eventually licensing the patent to Vonage.
Read in context. I was the one saying you can't make a definitive statement that it is in Verizon's
Re:Corperate America wins again (Score:4, Insightful)
No. Monopoly rents are more profitable than any royalty or customer payments.
And one way to destroy Vonage is to charge licensing fees that are larger than Vonage's profit margin. It's win-win for Verizon, really.
Re:Corperate America wins again (Score:4, Informative)
Actually, no, we're in the appeals stage. The deliberation ended a couple weeks ago when the jury decided that Vonage infringed on 3 out of 5 of Verizon's patents. Then Verizon sought an injunction against Vonage. I think it's safe to say that either Verizon, Vonage, or both are not interested in a licensing agreement. Vonage's entire defense was that the patents are junk and are too broad to be valid. Of course they'd rather pay licensing fees than close up shop, but if that possibility ever comes up, it will happen after the appeals process has been exhausted.
And when you say it's more profitable to Verizon to license the patents' use, I think that's complete speculation. We don't know how much business Verizon can hope to reclaim by stomping out Vonage (and then the other VoIP providers that could also be infringing), and we don't know how much they'd be able to charge for licensing fees (or how much Vonage would be able to pay).
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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.
Hmmm... Lets see here. Verizon can license this to Vonage and receive a small fraction of what Vonage is charging for each phone line or they can shut down Vonage and force everyone to get their phone lines for which they charge twice what Vonage does and keep all the profits.
It is more profitable for them to charge large licensing fees to Vonage then to destroy them.
Yeah it's more profitable for them to get a small licensing fee from a company that is destroying there entire business model.
We are still in the deliberation stage. Verizon and Vonage can still reach an agreement that is mutually beneficial
"Mutually beneficial" when one companies business is basically destroying the others? My understandin
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This means that Verizon is supporting their competitor, something I bet they would rather not do. They are going to get turned off, somehow or at least prevented from using Verizon's infrastructure to compete with Verizon.
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what I do w/ my internet access is my business, be it play games, post on slashdot, or establish internet phone service.
You're also forgetting cable. In my area (somewhat rural Northwestern Virginia), cable is far more prevalant than DSL. Also in my area, there is no Verizon DSL package that doesn't require at least a basic home phone service.
I imagine that some users could have DSL through Verizon,
I would have thought... (Score:3, Insightful)
Somehow I can't imagine that Verizon really wanted (Score:4, Insightful)
Re:Somehow I can't imagine that Verizon really wan (Score:2)
Except to shutdown the most public use of VoIP outside of any physical medium carrier. Or, in verizon's case, outside of their own business.
That'd be a huge bonus to them.
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Re:Somehow I can't imagine that Verizon really wan (Score:4, Interesting)
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.
Re:Somehow I can't imagine that Verizon really wan (Score:1)
Are you kidding? Verizon's request was for an injunction shutting down Vonage's VoIP services altogether immediately until the appeals were complete. The "no new customers" was a compromise by the judge.
Does the general public know? (Score:5, Insightful)
Just last night, I got the usual pack of coupons in the mail... including one inviting me to choose Vonage for my local phone service. I'd wager nobody on my block has ever heard of the Vonage vs. Verizon patent battle. What happens to these folks -- especially the non-technical ones who don't even understand the 911 and VoIP thing [911voip.org] -- if Vonage eventually loses its case entirely?
Or is Vonage's strategy now built around pumping up the customer base in advance of the inevitable bankruptcy and fire sale of their only remaining asset: their customer list?
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Given that many "technical" people still don't get the 911 thing (and claim it's way worse than it actually is), maybe it's for the best...
It wouldn't be the end of the world if your phone company went out of business and you had to sign up with a new one. Especially in the age of number portablilty.
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I have internet through Cox at the moment, but their VOIP costs more than Vonage.
I will fight tooth and nail going back to Embarq(Formerly Sprint).
My wife has had the same phone number her whole life. I can just see something going wrong and losing the number. I'd probably get a divorce.
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Unfortunately many techies read way too much into the situation and assume that you get sub-par E911 service on your Vonage phone. It's just plain not true. The only additional complication is that you need a UPS for your router so you can call 911 when the power is out.
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Except that Vonage then goes out of business because all you can call are other Vonage customers.
Vonage counts on the existing telephone service being there and working for all non-Vonage customers. This was never about putting the existing tariffed telecoms out of business, it was about reselling their services with a different wrapper.
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First of all, that makes no sense in the context of my comment. So Vonage goes out of business... Sign up with somebody else afterward.
That's absurd. First of all, if ev
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Net to Phone (Score:2, Funny)
Re:Net to Phone (Score:4, Funny)
Just because it seems obvious to you, doesn't mean it didn't take someone else millions of dollars in reasearch to develop this INVENTION. It could have taken many billed hours to perfect the tape required to adhere the phone to the said speaker. What will happen if those who carefully do this research aren't compensated for their efforts? We will all be cast back into the stone age with our children. Please think of the children!
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--
Somewhere, something incredible is waiting to be known, but not here.
Verizon's Bitch Whore... (Score:4, Interesting)
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Verizon's patents may prove to be worthless.
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What world do you live in?
How about.. (Score:3, Interesting)
Damn! That 's too bad. (Score:1)
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We have a stay! Sign up today! (Score:5, Funny)
[Sign up for a 3 or 5 year plan, pay in advance, and earn a special reserved seating package for all future Vonage court proceedings!]
Link to the actual text of the patent in question (Score:4, Informative)
Re:Link to the actual text of the patent in questi (Score:4, Insightful)
Is V the new X? (Score:2)
Jeff Pulver claims prior art.... (Score:4, Interesting)
Here: http://pulverblog.pulver.com/archives/006846.html [pulver.com]
Verizon is looking more and more screwed every day....Vonage is going to go down... eventually (Score:1, Troll)
This is like buying your hamburgers at McDonalds and selling them at a discount from a cart in the parking lot. OK, so McDonalds made a deal with you to sell you the burgers at a big discount because you bought so many. Well, at some point they wi
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Vonage does not need Verizon's infrastructure to exist. You dont have to have *VERIZON* DSL to use Voip, ANY highspeed Internet connection will suffice.
Also, only if a Vonage user calls a Verizon customer does it connect to Verizon's PSTN. If they call an AT&T customer, it goes to AT&T. And, astonishly, if they call another Vonage customer, it doesnt go anywhere near the obsolete 'PSTN'. And guess what, the same t
Email response from Verizon! (Score:2, Insightful)
I recently read about Verizon's attempt to stop Vonage from allowing VOIP calls to connect to old telephone systems on basis of "patent infringement". If I recall, other companies used the technology mentioned before Verizon had acquired those patents. I have to say that I'm angry and baffled.
What is the ultimate goal for this type of action? Do you think that all of the Vonage customers who could potent
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Re:Vonage sucks donkey balls, no, really! (Score:4, Interesting)
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.
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Re:Vonage sucks donkey balls, no, really! (Score:5, Informative)
Tell me what can compete with this for $4 a month. Hell, tell me what can compete with this for even $30 a month. I used to pay almost $40 a month just for local phone service!