Vonage has been saying Verizon’s patent claims are overly broad for some time, but now people have dug up some prior art.

One of the patents Verizon is complaining about is #6,104,711, what they call an “enhanced internet domain name server.”

In short, it’s all about linking phone numbers to IP numbers, and Jeff Pulver says he was doing that in 1995 with Free World Dialup, an early, noncommercial VoIP service.

Even better, Pulver published his work. The Internet Telephone Toolkit came out in January 1996, and a presentation that drew additional attention:

In November 1996, I gave a presentation to the VoIP Forum in Dallas. The meeting included participation from Cisco, Intel, Microsoft, IBM, Nokia, Motorola, and Vocaltec for the purpose of making [features of my work] the basis for a VoIP open standard. How do these companies feel about the Verizon’s assertion it owns the idea of name translation? How did Verizon accomplish this when the notion of name translation in H.323 traces back to the original ITU working group in 1993?

GigaOM » Doubts raised over Verizon VoIP patents

Tier 1 Research analyst Daniel Berninger agrees, noting the founding work done by Cisco Systems, Microsoft, IBM, Nortel, Intel, Motorola, Lucent, Vocaltec Communications, and other members of the VoIP forum is disclosed in Verizon’s later patent claims.

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Vonage will be in court again tomorrow defending itself against Verizon’s claims of patent infringement. The innovative VoIP company had lost the trial and was ordered to pay $58 Million in damages in early March, when a jury found them to have violated thee of seven related patents held by Verizon. Vonage appealed of course, but it’s uncertain if the company, which has yet to turn a profit, has the stamina for a drawn out battle. The company’s annual 10-K filing painted a stark picture of the challenges Vonage faces (NPR coverage).

The best news for Vonage so far came on April 6, when an appeals court temporarily lifted the injunction that would have forced them to cease operations. And tomorrow the company will face an appeals court in a case that could make or break the company.

I’m among those that’s been saying patent law is broken, and cases like this are a perfect illustration of how laws that were meant to encourage innovation are instead used to protect the establishment. (Take a look at Article I Section 8, where it speaks of promoting “the progress of science and useful arts.”)

The Software Freedom Law Center’s Eben Moglen says Verizon filed for the patents in 1997 specifically so that it could use them as ammunition against the then developing but not commercialized VoIP technology.

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