A U.S. Union appealingness homage has rejected Vonage Holdings ’ petition that it order a lower court of law to retry a patent - misdemeanor case against the companionship , Vonage confirm Thursday .
The VOIP ( voice over Internet Protocol ) service supplier , embroiled in a contravention with Verizon Communications , had asked the U.S. Court of Appeals for the Federal Circuit to vacate an early panel finding of fact after a Supreme Court decision this week that is expected to change the way courts look at patent cases . Vonage was already appealing the verdict .
The appeals motor inn declined to consecrate the U.S. District Court for the Eastern District of Virginia to rehear the display case , saying instead that Vonage could bring up the Supreme Court decision in its existing entreaty , aver Vonage spokeswoman Brooke Shulz .
The Supreme Court ruling in the type of KSR International Co. vs. Teleflex Inc. , bring out Monday , is expected to make it easier to void new patents on the cause that they are obvious combination of existing innovation . Some legal experts have said the conclusion could impact the Vonage case .
“ We trust our prayer is strong , and are proud of the Court has given us the option to employ the expand obviousness mental test in our arguments before them . Vonage continues to think the original verdict was based on erroneous claim construction — meaning the patents in this cause were defined in an excessively broad and legally unprecedented way , ” Vonage say in a prepared assertion Thursday . The appeal courtyard ’s decision was the outcome Verizon expected , a company spokesman pronounce .
Vonage ’s collection is not expected to be hear until next twelvemonth . Judge Claude Hilton of the district court issued an injunction on April 6 barring the company from contract up new client using the technology , but the appeals court has since granted Vonage a permanent stop of the injunction until its charm has been heard .
