News reports disclosed last week that Verizon obtained a permanent injunction barring Vonage from signing up new customers and that the Federal Circuit promptly granted Vonage a temporary stay. But the docket sheet in the district court case reflects that the judge heard arguments on April 6 and then "reserved ruling until Thursday, April 12, 2007 @ 10:00 a.m." Verizon Services Corp. v. Vonage Holdings Corp., No. 1:06-cv-00682 (E.D. Va.) (minute entry).
The docket sheet in the Federal Circuit meanwhile does disclose issuance of a stay on April 6:
Ordered: Verizon et al are directed to respond to the motion for stay pending appeal of injunction issued by USDC/EDVA no later than 4/13/07. Injunction is temporarily stayed pending receipt of response and court’s consideration of the papers.
Verizon Services Corp. v. Vonage Holdings Corp., No. 07-1240 (Fed. Cir. Apr. 6, 2007).
So, unless Blawgletter has misread the docket entries, the Federal Circuit stayed an injunction that the district court has postponed signing, if at all, until April 12. What gives?
Barry Barnett