Prior Art On Verizon's VoIP Patents
from the thanks-Dan dept
Dan Berninger has been deeply involved in the VoIP world for many years. If you need to know anything about the early days of VoIP, Berninger is worth talking to. These days, he's an analyst for Tier1Research and has just published (and emailed to us) a note looking at the claims in Verizon's VoIP patents that a judge has ruled Vonage infringed on. There are just a few problems with that ruling -- with the key one being that the concepts in those patents were clearly discussed and published by others prior to the patent being filed. Berninger says that the ideas were discussed at the VoIP forum meeting in 1996 and published in January of 1997. The patents in question were filed after that. I've included Berninger's note after the jump. However, due to the fun way the patent system works, introducing that kind of prior art to the USPTO for it to review the validity of Verizon's VoIP patents will take quite a bit of time and effort -- much longer than Vonage has to fight Verizon in court.Daniel Berninger
VP, Sr Analyst
Tier1 Research
Verizon's two name translation patents anticipated by open standards groups
Eric Voit, the author of the two "name translation" patents (6,104,711-filed March 6, 1997; 6,282,574-filed February 24, 2000) in Verizon's patent litigation against Vonage, was not the original and first inventor of the claims in dispute. The 16 lines associated with the two surviving claims assert the invention of "name translation" in the context of VoIP call-set up and termination via a telephony gateway.
See claims and links to patents: http://scratchpad.wikia.com/wiki/Vonage
The topic of "call set up", "name translation", and "telephony gateways" was discussed extensively in the year prior to the first Voit patent by participants in both the two main VoIP open standards development efforts - SIP and H.323.
In particular, the claims in both patents were anticipated by open standards assembled by the VoIP Forum (H.323) in 1996 and published in January 1997 with the participation of members from Cisco Systems, Microsoft, IBM, Nortel, Intel, Motorola, Lucent, and Vocaltec Communications, among others.
See: IMTC Voice over IP Forum Technical Committee, "IMTC Service Interoperability Implementation Agreement", Draft 0.91, January 13, 1997.
The Eric Voit patent applications reflect, in particular, contributions made by VocalTec Communication to the VoIP Forum during 1996 and formally published at the same time as a separate document.
See: O. Kahane and S. Petrack, "Call Management Agent System: Requirements, Function, Architecture, and Protocol," IMTC VoIP Forum Contribution, Seattle, Washington, January, 1997.
The work of the VoIP Forum, publication plans, and disclosure requirements were noted in a correspondence between the VoIP Forum and the ITU Telecommunications Standardization Sector.
See: ITU Telecommunications Standardization Sector, Document AVC-1086, Istvan Sebestyen, December 5, 1996.
Verizon filed another patent application (6,298,062) in the same time period that does reference the Kahane-Petrack paper of January 1997.
The two Voit "name translation" patents address the identical subject matter with the '574 patent specifically labeled as a continuation of the '711 patent. They assert different claims, but they share the same abstract, references, and description sections.
In any case, the notion of "name translation" in "call set up" involving "telephony gateways" was by no means invented by Eric Voit in March 1997.
Noted documents available from: Daniel Berninger, VP, Senior Analyst, Tier1 Research, dan@tier1research.com, 202.250.3838
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Wow...
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I personally think their should be a panel of judges that are appointed to watch out for bogus lawsuits like this and make final decisions. And once this panel makes a decision, all judges HAVE to follow this. This panel needs to be able to have supreme power over the rest of them. That's it...that's a great name for them "Judge Judy's Court" :)
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Re:
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Judge Panel Patent
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Re:
http://en.wikipedia.org/wiki/Vexatious_litigation
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Price to pay
Not only all of that, but I'm sure that Verizon is completely clued on all of the above as well. These patent-based anticompetitive lawsuits will never stop, however, as long as there's no downside to the filing entity (in this case, Verizon). The worst-case scenario (for Verizon) is that the patents are overturned, and they served only as a one-shot deal. But what a shot, right? Vonage is dealt a possibly mortal wound, and Verizon is out, at most, the price of the lawyers for whom they're already paying retainer fees.
Why wouldn't they do this?
Oh, sure, I hear y'alll saying "quit paying the beast", but they are the only landline provider in my area. I don't even have the option of taking my money away and giving it to someone else. They have nothing to fear from pissing me off, I'm a captive audience.
What I'd love to see is the patents overturned, and Verizon forced to recomp Vonage for two or three times the business damage done. It'll never happen.
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Re: Price to pay
Verizon is a pos company with low standards. They have no honor or morals. This is obviously not a legitimate law suit, but they probably feel justified in going forward with it. Like they have a right to tell everyone what they should think and do. Freaken bastards need to go home to mommy to teach em some manners. They are the definition of "the man". Again, bastards.
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Re: Price to pay
That way, you can pay any of the variety of other service providers for VOIP and THAT is what is scaring companies like Verizon...
Not to mention that Cell Phone providers are looking at making the move to IP phones and VOIP with wireless broadband access, merging several technologies.
Verizon is NOT one of the ones I have read about looking at this solution.
But, for the rest of us, if Verizon pisses on enough people, those people will give AT&T, Comcast, QWest, or ANYONE else their money for whatever service...
I don't think even Verizon would survive in the "high turn-over" business that is Tellecommunications if they piss people off...
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Re: Re: Price to pay
It really doesn't matter who your local POTS line provider is...it only matters if you can get an alternate internet source...cable for instance...
True enough. Alas, no form of wired broadband is available to my front door except satellite, on which the latency and packet drop is entirely too high to use VoIP effectively.
Unless, you know, I were to do something really draconian like pop for a T1 line... want to fund that for me? Oh, but the CO would still be Verizon. Nevermind.
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Re: Price to pay
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I doubt that Vonage itself developed the software for their VoIP beyond setting up parameters and buying the necessary hardware from vendors. Does this mean every VoIP PBX sold by the major manufacturers that implements the open standards is also in violation of Verizon's patents?
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Vonage gets money from Verizon?
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Kill Competition
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Re: Angry Dude
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Re: Re: Angry Dude
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Btw, I don't think this is the same "angry dude" who usually comments here about patent issues, but it's someone doing a weak approximation of what angry dude might say. Oh well.
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Chris.
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Re: Angry Dude
Um... I think you just answered your own question. Obviously prior art isnt going to be "found" prior to a patent being filed if the entity filing said patent stands to make profit.... And you are right, these half assed systems legal systems are exploited on a daily basis which I guess does help keep the "economy flourishing"... for those doing the exploiting anyway.
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Re: Angry Dude
So you're saying that IP patents are responsible for giving "third world nations" water to drink? And if prior art claims are filed against Vonage, what then? Will lots of innocent children suddenly die of thirst? I don't think so. With all due respect*, I have to ask: Good Lord, man, what does VOIP have to do with desalination plants or water purification technology?
* exactly none
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Re: Re: Angry Dude
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I am an angry dude here
Stop impersonating me, you, sick fuck...
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Re: Stop drinking the Ayn Rand Brand Kool Aid
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prior...something
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Look at their recent actions. First, they say they have a workaround, then in federal court they say they don't have a workaround.
That could be considered fraud. Had someone bought Vonage stock on those statements of a workaround, that could justify a lawsuit.
Even without the patent suit, Vonage was dying, maybe Verizon is just performing a mercy killing.
Personally, I think the lawsuit is bull, but thats the way the game is played.
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Follow the law...
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Prior art
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Prior Art
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More Prior art on Verizon patent
I recall direct discussions with Dialogic, Net2Phone, Microsoft, National Semiconductor and Intecom engineers on these issues.
I would point out that Net2Phone had a fully operational service doing VOIP through gateways and handling these sort of addressing issues in 1996.
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Is 1995 Early Enough For You?
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Verizon Handcufs
I can go on but I won’t since I hope I am preaching to the choir and it looks as if I see many others on their soapboxes with me, simply put VS feels threatened by the fact that their comfortable position of providing poor service on a poorly maintained network for decades might be coming to an end, without VOIP they are still the only train at the station and that makes them a monopoly! If the bogus patens are upheld as valid I believe the next step should be to attack VZ as the monopoly they are, hummm but since they can’t win in fair competition they have to make false claims to the works of others to damage the competitors.
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Al Gore
Al Gore invented the Internet...
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Prior Art
http://www.pcworld.com/article/id,130864-c,webtelephonyconferencing/article.html
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Oops!
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FreetoCompete.com
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More and more prior art
And why was piror art not brought up on the trial? How do you know? I tried getting the documents through PACER; they're not available online.
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verizon
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