Vonage is using each and every trick in its bag to escape the Verizon noose around its neck. First it used the free to compete campaign to gain public sympathy and now it is appealing to the U.S. Court of Appeals for the Federal Circuit to vacate and remand the decision of U.S. District Court with regards to patent infringement. It wants the case to be retried based on new test for deciding when an invention is too obvious for warranting patent protection. The test has already been adopted in the KSR v. Teleflex case. Vonage supported the decision of the high court which stated that rather than taking a rigid stand a flexible and expansive approach should be used while deciding whether an invention is ordinary or obvious.

This is what chairman and interim chief executive of Vonage, Jeffrey Citron had to say:

We are very encouraged by the Supreme Court's decision and the giant step it represents towards achieving much-needed patent reform in this country. The Supreme Court's decision should have positive implications for Vonage and our pending patent litigation with Verizon. We are also hopeful that this case will protect legitimate innovators and the value of their inventions, unlock the innovation process, and provide that companies are better able to conduct business without the encumbrance of meritless patent claims.

Vonage knows that if it is forced to pay the fine and royalty it could act as the last nail in its coffin and as a result is making all efforts to avoid becoming a part of history.