ARLINGTON, Va.-Nextel Communications has asked a federal judge to dismiss Verizon Wireless’ allegations last month that Nextel improperly obtained and tested samples of Verizon’s unreleased press-to-talk handsets.
“Verizon’s lawsuit is a classic example of a market Goliath with an inferior product trying to accomplish through litigation what it cannot accomplish in the marketplace,” stated Nextel in court documents filed Thursday in U.S. District Court.
Nextel has said Motorola loaned the phones, and the manufacturer consented to the testing. Nextel also said the prototype phones have since been returned.
Nextel has enjoyed a unique position in the wireless market for some time as the only carrier with walkie-talkie-like service. Other carriers are planning similar services soon though, with Verizon’s press-to-talk offering expected as soon as this summer.
“At the time that Nextel improperly obtained access to Verizon Wireless’ confidential business information and/or property trade secrets, Verizon Wireless was in the process of pre-launch testing to improve the quality and performance of its prototype push-to-talk service before its ultimate release to the public,” Verizon wrote in its June 10 complaint.
In related news, Verizon has sued Nextel in Delaware District Court claiming the push-to-talk trademark filed by Nextel is invalid, and that the phrase push-to-talk is a generic term dating back to the 1940s.
