Get the feeling that Vonage has something special in their back pocket called prior art? Just one speculation.
If Vonage plays the prior art card, Vonage would ask for use without further 'infringement' of the patent, and not have to pursue this suit any further. This allows Sprint, Verizon, and Klausner to attack the next Voip provider that pops up, although any prior art Vonage found was never publicly disclosed.
It sounds like a win-win for Vonage + their accuser, and a loss for the industry in general.
IANAL, but if Vonage pulls the Prior Art card, the patent is negated by the USPTO and no one can be sued over the patent again. You can't claim prior art and then not disclose said prior art so you're protected but others can be sued.
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Get the feeling that Vonage has something special in their back pocket called prior art? Just one speculation.
If Vonage plays the prior art card, Vonage would ask for use without further 'infringement' of the patent, and not have to pursue this suit any further. This allows Sprint, Verizon, and Klausner to attack the next Voip provider that pops up, although any prior art Vonage found was never publicly disclosed.
It sounds like a win-win for Vonage + their accuser, and a loss for the industry in general.
IANAL, but if Vonage pulls the Prior Art card, the patent is negated by the USPTO and no one can be sued over the patent again. You can't claim prior art and then not disclose said prior art so you're protected but others can be sued.