August 12, 2007
Predating the Verizon-Vonage spat that has garnered much ink, Sprint sued Vonage in October 2005 over seven patents related to interfacing a old-style PSTN telephone network with the Internet variety (VOIP). Vonage filed a sloppy summary judgment motion, which Kansas district court Judge Lungstrum pitched. Trial starts in September.
The judge's ruling -
[S]ections of Vonage's brief are largely clutter with improper attorney argument and commentary as well as legal conclusions, none of which are "facts as would be admissible in evidence." To the extent that these sections do actually contain facts which might be admissible in evidence, the facts are not adequately supported by appropriate citations to the record.
Vonage has no legitimate excuse for its decision to ignore these rules, as Vonage is represented by sophisticated counsel and competent local counsel who should be familiar with this court’s rules governing summary judgment practice. Indeed, given Vonage’s ample representation by counsel, the court wonders if Vonage’s failure to abide by this court’s summary judgment rules may have been a tactical decision.
Whatever the unlikely "tactical decision" may have been, the motion was badly received, and futilely irking a judge is a certain strategic blunder.
Vonage is represented by Duane Morris, Dysart Taylor Lay Cotter & McMonigle, Steptoe & Johnson, and Barber Emerson. Someone has a major beef about Duane Morris' handling of a trademark matter, having sponsored a link with Google "Is Duane Morris Legit?"
Posted by Patent Hawk at August 12, 2007 2:09 PM | Litigation
the federal court was not given the chance to see the most critical evidence and basically hear the truth!!
The game may be over for Vonage soon -> smart companies have smart lawyers and Vonage seem to be an exception here! But Sprint is not the winner either. May be in this court and based on the non-sense some of the doman experts have provided to the judge and other incorrect and in several incidents misleading. But I am sure Judge Lungstrum will make sure justice is prevailed.
Posted by: tondbad at September 4, 2007 12:08 AM