Frontier Foundation (EFF) Case Study
On January 29, 2010 the USPTO ordered ex
parte reexamination of claims 1-6 and 13-18 of C2 Communication
Technologies' U.S. Patent 6,243,373 (90/010,716) at the request of the
EFF. On the same day, USPTO ordered a second ex parte reexamination (90/009,637) of
claims 1-24 of the '373 patent at the request of PaeTec Holdings Corp.
The '373 patent is directed to a method and apparatus for
implementing a computer network/internet telephone
system (VoIP). The patent has been the subject of litigation
since 2006, when C2 filed patent infringement suits against AT&T, Inc.
(AT&T), Verizon Communications, Inc. (Verizon), BellSouth Corp., Sprint
Nextel Corp. (Sprint) and other telecommunications companies. In 2008,
AT&T, Verizon and Sprint agreed to take licenses under the patent to settle
their litigation. Qwest Communications International, Inc., Global Crossing,
Ltd. and Level 3 Communications, Inc. in September 2008, also agreed to
settlements and license agreements.
The factual background of this reexamination, concurrent litigation, and
multiple reexamination requests, is quite common. As such, I was
especially shocked to see this fairly common occurrence Read
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