ActiveVideo Networks Wins Again in Patent Infringement Case Against Verizon (VZ)
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Verizon Communications (NYSE: VZ) yesterday lost yet another decision in United States District Court in the ongoing patent infringement case that was brought against the company by ActiveVideo Networks.
Judge Raymond A. Jackson, United States District Court Judge for the Eastern District of Virginia, denied a motion by Verizon seeking to stay the monthly royalty payments imposed by a November 23 court injunction, and directed Verizon to make the first monthly payment on December 16, as indicated by the injunction.
In four separate decisions, Verizon has been found liable for up to $250 million in damages, supplemental damages, interest and royalties for its infringement of ActiveVideo intellectual property. The November 23 injunction ordered Verizon to make the first of monthly sunset royalty payments of $2.74 per subscriber per month by December 16. In addition, the injunction issued on November 23 ordered Verizon to terminate FiOS Video-on-Demand service on May 23, 2012, if it cannot offer the service without unlawfully using ActiveVideo technology.
In rejecting Verizon's latest effort the court held as follows: "Staying the royalty portion of the injunction would serve no legitimate purpose. It would merely provide Verizon the freedom to continue to infringe without any recourse to the prevailing Plaintiff."
"We continue to be mystified by Verizon's insistence on litigating this matter, and are grateful that the Court once again has recognized the merits of our arguments," said Jeff Miller, president and CEO of ActiveVideo Networks. "I want to make it clear that we will do everything necessary to continue to prevail in this case, should Verizon continue in its ongoing act of piracy, and we will not hesitate to demand that FiOS VOD, widgets and any other infringing services be terminated on May 23 if our rights remain violated."
Judge Raymond A. Jackson, United States District Court Judge for the Eastern District of Virginia, denied a motion by Verizon seeking to stay the monthly royalty payments imposed by a November 23 court injunction, and directed Verizon to make the first monthly payment on December 16, as indicated by the injunction.
In four separate decisions, Verizon has been found liable for up to $250 million in damages, supplemental damages, interest and royalties for its infringement of ActiveVideo intellectual property. The November 23 injunction ordered Verizon to make the first of monthly sunset royalty payments of $2.74 per subscriber per month by December 16. In addition, the injunction issued on November 23 ordered Verizon to terminate FiOS Video-on-Demand service on May 23, 2012, if it cannot offer the service without unlawfully using ActiveVideo technology.
In rejecting Verizon's latest effort the court held as follows: "Staying the royalty portion of the injunction would serve no legitimate purpose. It would merely provide Verizon the freedom to continue to infringe without any recourse to the prevailing Plaintiff."
"We continue to be mystified by Verizon's insistence on litigating this matter, and are grateful that the Court once again has recognized the merits of our arguments," said Jeff Miller, president and CEO of ActiveVideo Networks. "I want to make it clear that we will do everything necessary to continue to prevail in this case, should Verizon continue in its ongoing act of piracy, and we will not hesitate to demand that FiOS VOD, widgets and any other infringing services be terminated on May 23 if our rights remain violated."
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