Monday, December 31, 2007

Vonage, Nortel Settle Patent Dispute


Vonage Holdings Corp. and Nortel Networks Corp. have settled their intellectual property dispute by cross licensing their VoIP patents.

The settlement involves a limited cross-license to three Nortel and three Vonage patents, and dismisses claims relating to past damages and the remaining patents. The settlement is subject to final documentation.

The licensing concerns technology used to make emergency calls or dial 411. Neither company will pay the other anything for any alleged unauthorized use of its technology.

The settlement points up the increasing importance patent portfolios seem to be assuming in the service provider space, mirroring the enhanced importance such portfolios have assumed in the hardware and software space, where cross-licensing deals are a standard way suppliers settle such disputes.

This year Vonage has faced--and lost--several suits from other service providers over use of VoIP-related patents. At some level, one has to wonder whether any independent service providers using anything other than standard hardware and software sold by the largest providers is protected from similar threats. Vonage appears to have placed itself at greater risk precisely because it developed at least some of its own technology, instead of buying it.

In December Vonage agreed to pay AT&T Corp. $39 million as part of its settlement. Vonage has also agreed to pay Sprint Nextel Corp. and Verizon Communications Inc. a total of $200 million to settle their respective lawsuits.

Vonage sued Nortel in August, claiming three patents Nortel held were mistakenly granted to the company. Nortel counter-sued, claiming Vonage is violating a total of 13 of Nortel's patents, and asked that Vonage be kept from using the technology.

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