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ActiveVideo unable to get FiOS switched off

By PETER WHITE

Published: 31 August, 2012

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ActiveVideo has actually had quite a severe setback in its cloud video patent infringement campaign against Verizon. The Appeals court agreed with the $260 million payment and additional royalties, but it has removed the injunction that says the infringing products must be switched off. After all, why pay a royalty for a product you are not allowed to use - it makes no sense.

The argument was all about the ActiveVideo relationship with US cableco Cablevision, which operates in a big overlap with Verizon's territory for its FiOS TV service. ActiveVideo only sued Verizon on behalf of Cablevision, which wanted the OTT cloud TV services associated with FiOS switched off.

The Court says no, because effectively now Verizon is a paying customer. At least it will set a healthy precedent in cases where infringing technology products are awarded a royalty. No more switching them off.

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