Verizon's VoIP Patents May Be Invalid

Thanks to Slashdot.org readers for finding this: a Techdirt.com report of an analyst finding prior art on Verizon's voice over IP patents. Tier1Research analyst Dan Berninger, long involved in VoIP, has published a report citing public discussions of the concepts in Verizon's patents prior to the company's filing.

In the patent world, this is called prior art. If such material exists, a patent can be refused or even often successfully challenged. The rationale is that the prior art makes it clear that the entity did not invent something new.

Given Verizon's suing of VoIP vendor Vonage, this could be interesting. A court could conceivably hear an appeal by Vonage to at least indefinitely halt action because the patent's validity may be in question and the challenge process is not quick, keeping them in business at least for now. As the concepts were under discussion in open standards development efforts within the year before filing, that should fall within the grace period allowed under U.S. law, and technophiles are arguing whether Verizon's corporate rear is covered. But in reviewing 35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent. - Appendix L, there is also the following grounds for loss of a right to a patent: "(f) he did not himself invent the subject matter sought to be patented."

Beyond Vonage for a moment, which I think has seen problems beyond Verizon, what would a successful challenge mean to the value of the latter's intellectual property? Surely if Vonage doesn't survive long enough to mount a challenge, the possibility is out there from some better heeled competitor; some members of the open standards development effort were Microsoft, IBM, Cisco, and Intel.

The management question that should be of concern at Vonage - and among its investors - is why the company didn't pick up on any of this. I'm sitting back and waiting for the shareholder suits to begin.