I feel a lot for Vonage because every time it makes an effort to get out of the well it is pushed back to its fate. The company had pleaded for a retrial of its case citing the decision of supreme court on KSR v. Teleflex but this glimmer of hope was extinguished when U.S. Court of Appeals for the Federal Circuit turned down its appeal for a fresh trial. The appeal was denied in a brief ruling by the court and killed all hopes of Vonage riding on the ruling of KSR v. Teleflex.
In this particular case the court had stated that standard of obviousness should be re examined leading to the denial of patent application and patents should be examined when the technology being regarded is considered obvious. Though Vonage has not been able to capitalize on this decision as of now but in future patent cases the ruling in case of KSR v. Teleflex could certainly act as a benchmark on how lower courts viewed patents.
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