Wednesday, May 02, 2007

KSR decision prompts Vonage to ask CAFC for "vacate and remand"

Wired reports: Vonage is once again on the offensive, now asking the U.S. Court of Appeals for the Federal Circuit in Washington D.C. to “vacate and remand” the court’s decision that ruled Vonage had infringed on Verizon’s patents. Vonage is also asking that the case be retried in a lower court.

Could this be the beginning of a KSR avalanche, in the courts and at the USPTO? Recall that at oral argument in KSR v. Teleflex, a concern over this possibility was expressed.


eWeek on May 3: The U.S. Court of Appeals for the Federal Circuit, in a ruling dated Wednesday, turned down a motion by Vonage to have an infringement verdict by a lower court vacated because of a landmark patent ruling by the U.S. Supreme Court on Monday.

The appeals court said Vonage can cite the new Supreme Court ruling as part of its pending appeal of the case.


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