By Peter Kaplan
WASHINGTON (Reuters) - A U.S. appeals court on Wednesday
upheld a verdict that Vonage Holdings Corp <VG.N> infringed two
patents held by Verizon Communications Inc <VZ.N>, the latest
legal setback for the loss-making Internet phone company.
The U.S. Court of Appeals for the Federal Circuit
reaffirmed an order barring Vonage from using Internet phone
call technology related to two of the three patents which
Verizon claimed had been infringed.
The court reversed a lower court's interpretation on the
third patent, however, and ordered more proceedings to
recalculate damages and royalties from a previous verdict of
$58 million plus 5.5 percent in royalties.
Despite the mixed decision, analysts said the overall
ruling was negative for Vonage.
"On balance, we view this as bad news," said Stifel
Nicolaus analyst Rebecca Arbogast. The injunction on the two
patents goes "to the core of Vonage's current business," she
said in a report.
Trading in Vonage shares was halted early into Wednesday's
session on the New York Stock Exchange after they fell 26
cents, or 20 percent, to $1.04. At that price, they have fallen
94 percent from the company's initial public offering at $17
per share in May 2006.
The appeals court decision came a day after a U.S. jury
found Vonage had infringed patents owned by Sprint Nextel Corp
<S.N>, triggering a 34 percent Tuesday drop in the share price.
The Verizon-related ruling added to fears that Vonage would
have a hard time staying in business.
But Vonage spokesman Charles Sahner said the company had
"substantially completed" developing technology that would help
it avoid infringing the two Verizon patents.
"In light of the workaround technology that Vonage has
developed and deployed, today's decision is not expected to
have an adverse impact on Vonage's business and customers will
continue to enjoy the same great service they have come to
expect from Vonage," Vonage said in a statement.
The federal circuit appeals court, which specializes in
hearing patent cases, had stayed the injunction during the
appeal.
Vonage has argued that the lower court judge who oversaw
the trial misconstrued key claims in three of the patents at
issue and gave the jury the wrong instructions on how to
interpret technical terms such as data "translation" and
"destination address."
The legal setbacks are only some of the problems facing
Vonage. The company has posted heavy losses since it began
offering its Internet-based phone services, due to high
advertising spending.
While it is considered a pioneer in the business, with the
biggest market share, it now faces competition from
better-funded cable service providers and Internet firms.
(Additional reporting by Ritsuko Ando, editing by Gerald E.
McCormick)