Verizon filed a patent infringement suit against Cox Communications (Cox) following a successful trial in a similar suit it filed against Vonage, an Internet-based VoIP telephony provider.
Retained by Kilpatrick Stockton
Verizon filed a patent infringement suit against Cox Communications (Cox) following a successful trial in a similar suit it filed against Vonage, an Internet-based VoIP telephony provider that was held in the same court and before the same judge. In this new suit, Verizon maintained that Cox could not provide packet-switched-based telephony services without infringing the six patents Verizon asserted in this case.
The jury found that Cox had not infringed any of the patents-in-suit and thus that there were no damages.
Defense counsel and Cox retained Dr. Michael Keeley, a senior vice president of Cornerstone Research, to assess Verizon’s damages claim. Dr. Keeley testified at trial that Verizon’s claim for more than $400 million in damages had no basis, partly because it ignored Cox’s next-best non-infringing alternative. Dr. Keeley testified that Verizon’s damage claim was overstated by more than 95 percent, assuming that Verizon’s patents were valid and infringed. The jury found that Cox had not infringed any of the patents-in-suit and thus that there were no damages. The jury also found two of the supposedly key patents-in-suit to be invalid.
