The US Court of Appeals for the Federal Circuit has turned down Vonage’s retrial plea in the high profile patent infringement case against Verizon Communication.

The VoIP pioneering company had earlier lost the patent infringement case filed by Verizon and was ordered to pay $58m in damages, pay a 5.5 per cent royalty to Verizon, and injected not to register any new customers.

Vonage had challenged in a court filing that a landmark Supreme Court judgment this week has raised critical questions about whether a jury appropriately determined that the Verizon patents in question were legitimate.

On those grounds, Vonage has asked the US Court of Appeals for the Federal Circuit to toss out a $58 million patent infringement ruling against it and order a fresh trial.

However, the appeals court explained it would not demand a retrial, but that Vonage can refer the fresh Supreme Court order as part of its pending appeal of the case.