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Verizon Says Vonage Should Have Cited Obviousness Issue Before Supreme Court Even Said They Could
from the going-back-in-time dept
As the Verizon/Vonage patent trial moves onto the next phase, Vonage is clearly trying to use the Supreme Court's new ruling on patent obviousness to get Verizon's patents tossed out. Vonage lost in its request to have a retrial at the district court level, but they're still using the new Supreme Court rules at the appeals court. However, Verizon is claiming that this is unfair and that since Vonage didn't bring up these issues at the lower court level it can't use the new obviousness test in the appeals court either. It is true that the appeals court is supposed to focus on the arguments that were made at the lower court, but the situation gets trickier when the fundamental rules have changed in between the cases. Still, it's amusing to have Verizon claiming that Vonage should have known about this new obviousness ruling before the Supreme Court even made the ruling. Verizon's suit claims that there was plenty of publicity about the KSR case, which is true, but that doesn't mean that Vonage (or anyone) had any idea how the Supreme Court would rule. Of course, even without the ability to use the new obviousness test, it seems like all the new prior art that's coming to light should raise questions about Verizon's VoIP patents. Verizon's filing also asks the court to bring back the injunction while whining about how many customers it's losing to Vonage. What they don't explain is that they might be losing customers because Vonage offers a better cheaper service and Verizon doesn't want to compete -- but that probably doesn't play as well in court.
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obviously
1. it was obvious there was an obviousness issue with their patents?; or
2. it was not obvious there was an obviousness issue and now they are taken by surprise and prejudiced?
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2 months ago i switched to Vonage from Verizon
offering me 1 year service [comparable] for $19.99 a month
had i not switched to Vonage, i would have still been paying $60 a month
My lady still has Verizon and I gave her one of those letters, to see if she could get that deal. She couldn't.
She pays like $40 a month for a very limited calling area.
When i first tried out VOIP servies, my choices were AT & T Callvantage and Vonage. Verizon didn't even offer VOIP.
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f*ck Verizon
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verizon
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Vonage will win
The bottom line. Verizon screwed up. Instead of getting into the VOIP market themselves, they decided to do nothing and try to get away with ripping of their customers using old technology. Then when another company decides to innovate and customers flock to that service, Verizon gets jealous and plays the "they stole our idea!" card and does everything they can to shut down any possible competition. I still don't understand how verizon won the first case to begin with. Didn't we split up AT&T's monopoly way back when...because, in our DEMOCRACY country, it's supposed to be illegal to have a monopoly??? But yet, Verizon is trying to do just that...force out all competition. I just...don't get it.
Screw you Verizon. As the old saying goes, YOU SNOOZE, YOU LOSE. It's NOT Vonage's fault that they innovated and decided to give VOIP a try.
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Verizon Is lossing business not because of Vonage.
In the end I was told that there was a "technical issue" with my line and that they would call me back in 24 hours to tell me when/if they were going to install service. They encouraged me to wait because FIOS would "blow me away" (multiple reps used this phrase). I cancelled and called Comcast. I had an 8mbps Internet connection in less than an hour and now I see they are offering a 16mbps connection for only $20 a month more. hmmmmm
Somehow, I don't think Vonage is the problem if they are indeed losing customers.
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Verizon: Can you here me ? I don't think so
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