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| DDDC.OB > SEC Filings for DDDC.OB > Form 8-K on 22-Jan-2009 | All Recent SEC Filings |
22-Jan-2009
Termination of a Material Definitive Agreement, Other Events
On January 20, 2009, deltathree, Inc. (the "Company") received written notice from Verizon Communications Inc. ("Verizon") stating that no later than May 15, 2009, the Master Service Agreement between the Company and Bell Atlantic Communications, Inc. d/b/a/ Verizon Long Distance, dated as of July 19, 2004 (the "Agreement"), will be terminated in its entirety. Pursuant to the terms of the Agreement, Verizon pays the Company a fee for each subscriber to the Verizon VoiceWing service for which the Company provides various services to Verizon. There are no material relationships between the Company and its affiliates and Verizon other than in respect of the Agreement. Pursuant to the terms of the Agreement, Verizon shall not be required to pay any termination penalties or fees to the Company in connection with its termination of the Agreement.
The Company has recently received a Complaint for Patent Infringement filed on December 5, 2008, by Centre One. This Complaint, which was filed in the United States District Court for the Eastern District of Texas-Tyler Division, names the Company, Verizon and Vonage America Inc. as defendants. The Complaint alleges, inter alia, that the Company and Verizon are offering for sale "a VoIP service, including, but not limited to, a service under the name Verizon VoiceWing" that is alleged to infringe a patent held by Centre One (United States Patent No. 7,068,668) entitled "Method and Apparatus for Interfacing a Public Switched Telephone Network and an Internet Protocol Network for Multi-Media Communication" ("Patent 668"). The Company's initial examination of the allegations set forth in the Complaint lead the Company to firmly believe that it does not infringe any valid claim of Patent 668. The Company is continuing its examination into the allegations set forth in the Complaint and the validity of Patent 668, and cannot predict with any degree of certainty the results of its examination and/or the outcome of the suit or determine the extent of any potential liability or damages.
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