Thursday, May 03, 2007

Vonage hanging on?

On Monday, the Supreme Court handed down a ruling in KSR vs. Teleflex, finding that the "combination of two commonly known elements into something obvious" is not patentable. While on it's surface this is a good thing, eliminating lots of expense in litigating bogus patents or patents that do not really enhance, as might be expected the next piece of news was:

From FierceVOIP: Vonage has seized on the ruling, asking an appellate court to throw out the verdict against it and order a new trial. Verizon, of course, is opposed. Vonage is already appealing its loss at trial; the appellate court has set a June 25 hearing on that appeal. Vonage wants the appeal to be put on hold pending the results of the new trial. If it loses that second trial, Vonage wants the existing appeals process to resume. Even though Vonage was convicted of infringing three patents, the courts are letting the company operate pretty much as normal while the appeals are being heard.

I need a playbook.

Let's see,
  • I've lost,
  • I'm appealing, but
  • I want my appeal on hold and I want a new trial,
  • but if I lose at that trial, I want my appeal to start again

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