Judge Denies Requests to Dismiss Continuant's Antitrust Claims Against Avaya

By Josh Long

Continuant, a company that offers maintenance and support services for voice and data communications systems, on Monday announced that a federal judge in New Jersey is allowing an antitrust case against Avaya to move forward.

Judge Garrett E. Brown denied Avaya’s requests to dismiss Continuant’s claims that Avaya’s business practices violate U.S. antitrust laws, Continuant said. The ruling was temporarily sealed, so Garrett’s decision denying Avaya’s motions for summary judgment is not currently available.

Thanks to the ruling, Continuant said it “will have the opportunity to present to a jury its claim that Avaya has ‘aggressively sought and maintained a monopolistic stranglehold’ on purchasers of its telecom equipment by denying their right to select the service provider of their choice.”

“Whether you are a business or an individual, you should have the right to decide who services the product you have purchased  whether it’s your phone system, your computer or your car,” said Joe Marion, executive director of the North American Association of Telecommunications Dealers, in a statement Continuant released. “That’s what’s at stake in this lawsuit.”

It appears that Continuant and Avaya have been immersed in litigation against each other since at least 2006. In November 2011, Continuant announced that Brown dismissed with prejudice two claims by Avaya against Continuant in connection with the Digital Millennium Copyright Act.

Avaya said the ruling didn’t affect its “claims against the Defendants, which are based generally upon the Defendants’ methods of doing business and their gaining the unauthorized use of certain features and functionality of Avaya’s PBX maintenance software. ”

“Avaya continues to vigorously pursue these claims, as well as defend against Defendants claims, as this litigation progresses,” Avaya said.

On its website, Continuant says it provides consultation and certified support for equipment from most major vendors, such as Avaya, Cisco, Nortel and Siemens.