Vonage Holdings has recognize it has no workaround for engineering that was found to encroach Verizon Communications patents and does not know if one is feasible .
The revealing come Friday when the VOIP ( voice over Internet Protocol ) Robert William Service supplier made public extra information from an April 6 filing to the U.S. Court of Appeals for the Federal Circuit . The filing requests a permanent halt on the cease and desist order make out March 23 in the U.S. District Court for the Eastern District of Virginia , which would prevent Vonage from contract up fresh customers . The appeals court granted Vonage a irregular arrest the same daytime .
Vonage has said it was developing workarounds , or other way of carry through the same task , to steer clear of the engineering science that it has been ground to be infringing . The companionship is still working on those technique , spokeswoman Brooke Schulz said Monday .
But in a section of the April 6 filing made newly public on Friday at the court ’s asking , the ship’s company affirm it has no such technique .
“ While Vonage has been considering design around alternative , it does not have a design that can be apply immediately , if such a design around is even viable , ” the filing said . “ In fact , current intention around options contemplated could take many months . ”
In the filing , Vonage argued that a permanent injunction would cause irreparable harm to its business . With some words still conceal because of a protective edict , parts of the filing have an ominous tincture .
“ Even if Vonage was somehow able to implement a design around , and was able to ultimately prevail on appeal , it would have no promise of find its turn a loss client , or its lost good will , and its loss of gross would be permanent and [ redacted ] , ” the filing enjoin . “ In brief , the injunction would [ redacted ] Vonage before it even has the opportunity to challenge the injunction and underlying trial on appeal . ”
The upstart phone company ’s motor inn loss to Verizon on March 8 has led to some grim assessment of its prospects by diligence observers . Vonage has build its business on capture Modern customer through expensive marketing crusade and has not made a profit since it went public last May . It faces much larger rival in the burgeoning VOIP industry , including cable system operator . Last week , CEO Michael Snyder left the company and founder and Chairman Jeffrey Citron became interim CEO .
Vonage argues that the district court of justice only chance it infringing the Verizon patents because it delimit the scope of those patents too broadly , Schulz said . The VOIP company want a permanent stay on the injunction against sign up new customers that would last until the charm is complete , which could be age , she allege . exist customers wo n’t be affect by the caseful anyway until the appeal appendage is finished , according to Schulz .
In afternoon trading on the New York Stock Exchange , Vonage shares were down $ 0.09 at $ 3.30 .
