Cygnus Telecommunications Technology, LLC v. Worldport Communications, Inc.

ORDER DENYING PLAINTIFF’S MOTION FOR PAYMENT OF ROYALTIES

Plaintiff Cygnus Telecommunications Technology, LLC (“Cygnus”) has filed a motion for payment of royalties in an unspecified amount. It asks the court to compel Telenational Corp. (“Telenational”) to pay royalties for use of international callback by Rapid Link Inc., formerly known as Dial-Thru International (“Rapid Link”) based upon a July 8, 2002 consent judgment between Cygnus and Worldport Communication, Inc. (“Worldport”), InterContinental Exchange, Inc. (“ICX”) and Worldport/ICX, Inc. Cygnus also asks the court to issue an order to show cause why Telenational, Rapid Link, Inc. (formerly Dial-Thru International), Apex, Inc. (“Apex”), and Christopher Canfield are not in contempt of court for violating that consent judgment.

The court has read the moving and responding papers and considered the arguments of counsel. For the reasons set forth below, Cygnus’s motion for payment of royalties is denied and the court declines to issue an order to show cause.

I. BACKGROUND

A. Factual Background

Cygnus’s theory that Telenational must pay for Rapid Link’s use of international call-back is tied to an individual named Chris…