Vonage wants a federal judge to stop Nortel from making infringem...
Vonage wants a federal judge to stop Nortel from making infringement claims against Vonage concerning three patents. In a complaint filed Friday, Vonage asked the U.S. District Court, Delaware, for a declaratory judgment that Vonage hasn’t violated any of…
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Nortel’s rights. Vonage also seeks an injunction to block further Nortel litigation against Vonage concerning the patents, and an award of attorney’s fees and court costs in this latest case, it said. The complaint is the latest in a skein of Vonage-Nortel litigation dating to 2004. That year, Digital Packet Licensing filed a federal trial-court suit against Nortel in the Northern District of Texas alleging infringement of three patents. In June 2006, Vonage acquired the Digital Packet patents and with them the lawsuit against Nortel. Last month, Nortel filed with the Texas court to add counterclaims to its response. They allege that Vonage infringed three Nortel patents, not the other way around. Vonage acted Friday in response to that “defensive move,” said a spokesman for the company. “Vonage opposes any attempt by Nortel to amend its response in the Texas case.” Vonage took action in Delaware because “it is unclear if the District Court in Texas will allow Nortel to amend their original response,” he said. If the Texas court denies Nortel’s motion to amend, “Vonage desires for the court in Delaware to preside over the action on the three Nortel patents,” he said. A Nortel spokesman said the company doesn’t comment on ongoing litigation, but will “vigorously defend” its intellectual property rights.