Vonage与Verizon专利诉讼和解协议.pdf

Exhibit 10.37 PATENT SETTLEMENT AGREEMENT This PATENT SETTLEMENT AGREEMENT (this “Agreement”) is made and entered into as of October 25, 2007 (the “Effective Date”) by and between Vonage Holdings Corp. having offices at 23 Main Street, Holmdel, New Jersey (“Vonage”), and Verizon Services Corp., a corporation organized and existing under the laws of Delaware having an office at One Verizon Way, Basking Ridge, New Jersey, (“Verizon”). Vonage and Verizon are individually referred to herein as a “party,” and collectively as the “parties.” WITNESSETH WHEREAS, Verizon and certain of its Affiliates (i.e., Verizon Laboratories Inc. and Verizon Communications Inc.) have filed an action against Vonage and an Affiliate of Vonage for patent infringement in actions styled Verizon Services Corp., et al v. Vonage Holdings Corp., et al, pending in the United States District Court for the Eastern District of Virginia and the United States Circuit Court of Appeals for the Federal Circuit (the “Verizon Litigation”); WHEREAS, Vonage has succeeded to an action against Bell Atlantic Communications, Inc., d/b/a Verizon Long Distance for patent infringement in actions styled Vonage Holdings Corp. v. SBC Internet Services, Inc., et al, pending in the United States District Court for the Northern District of Texas, Fort Worth Division (the “Vonage Litigation”); WHEREAS, Vonage denies any liability in the Verizon Litigation, and Verizon denies any liability in the Vonage Litigation; WHEREAS, Vonage, on behalf of itself and its Affiliates (as defined below), desires to settle the Verizon Litigation pursuant to the terms and conditions of this Agreement; WHEREAS, Verizon, on behalf of itself and its Affiliates, desire