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March, 2013.
Don't spend too much time trying to analyze what you saw in court. In my experience, what you see in court is infrequently related to the trial's outcome.
You got a problem with $1.2M pay for ten weeks work? I shoulda gone to law school.
/s
At least now we know that whatever we win, the lawyers will get it.
/s/s
OTOH, the lawyers know no win, they don't get paid, or, alternatively, Daic is optimistic enough to have paid them himself.
You think a 50:50 chance to win is good?
Sounds like our side had answers and TM had a weak hand.
>>The courtroom deputy indicated that they start a trial on Wednesday that will last for a week and a half, so we may see a ruling before wednesday.
WTF? The TM trial is set to start in March, 2013.
Posts on this forum.
surreply (plural surreplies): (law): An additional reply to a motion filed after the motion has already been fully briefed.
As someone has already noted, TM has had four years to get their paperwork done. This judge's reputation is one of being no-nonsense. Hope this holds true today.
How do you file something with the court on a weekend? Does this postpone the hearing?
I do love the sense of desperation coming from TM.
Gulp!
I'll get a kick out of it when the receiver strips him of his 40 million illegal shares (guess we now have 240 million + shares outstanding). Not until.
This reads like very bad science fiction. And one notes that the U.S. does not have an extradition treaty with Paraguay.
The BOC awarded Turrini 40 million shares???
Looks different to me. Seems Vonage is using the Cloud to move calls from one location to another. Our patent seems far more robust: it moves calls from cell hardpoints to WiFi hardpoints, if I understand the technology correctly.
The Markman will validate the patent, pending TM's appeal to federal court, which in itself can take several years. The Markman will not assign a dollar value, assuming we win. Meanwhile, the suit against TM will proceed next March. I do not know what would happen if CLYW wins the suit while TM is appealing the Markman. People, the world of law is dispassionate -- it's strictly a dollars game. TM must calculate how to shed the fewest dollars as this goes forward. They know that for every month that passes if the Markman goes against them, they face an ever greater chance of having to pay us more money, esp. treble damages plus interest if we win the suit next spring. To TM, paying us $500M is just not that big a deal (let alone its parent German company, DT) but they can be expected to fight until they make the decision that they don't want to gamble losing even more money when the dust settles. And the above assumes that Diac doesn't pull another fast one and hang the rest of us shareholders out to dry.
"File is damaged and cannot be repaired"
Daic has no power to "throw the game" by accepting anything, let alone a settlement offer by TM. That is solely the decision of the receiver, with the judge's approval after the offer has been made public to the owners (us). If we go to a jury trial with TM (almost a certainty), the award will be determined by that trial's jury. The court hearing the case has a record of almost always siding with the plaintiff -- I've heard the figure 85%. If and when the TM case is over and the patent is put up for sale, does anyone really think that Daic is just going to walk-in and buy the patent cheap and then turn around and hit the infringers for billions of dollars? Get serious. There will be a major bidding war on the patent, leaving Daic's bid in the dust. He will profit only as the rest of us owners do.
I don't believe an unelected, illegitimate Board can award shares (company equity/ownership) to anyone.
I see. I have to say that receivership was the only way we legit shareholders would ever see a dime from our investments. Aside from the BOC giving themselves illegitimate shares, they also awarded themselves millions in illegitimate salaries and bonuses. Will be fun watching the receiver cancel those, too. Why HOT blames Williams is a mystery to me.
What, SPECIFICALLY, did Williams do to earn your rage? And how are the rest of the BOC blameless?
>>there is always an appeal
Note that during an appeal, additional penalties and interest (12% is standard) accrue.
It would take only a final value of 10 cents a share for many of us to double our investment.
The judge ordered the receiver to maximize the value of our shares.
We are left to wonder under what pseudonyms the BOC are now posting here.
Then why did Calypiac (Calypso + Diac) agree?
What are you talking about? You have info that they simply screwed-up the Markman date?
I see. And your interpretation is...?
Because it's by joint request. The only reason that comes to mind with Daic and the receiver involved is a settlement offer.
Agree, but...
I have seen defendants guilty as sin win in court. A jury's decision is a giant crapshoot and defendants know it. The Markman delay is encouraging but we've been here before a la the "six month delay for the settlement to be finalized" in 2010-2011. I realize that the Board of Weasels (BOW) is now powerless to interfere directly, as is someone who's initials are "DD." Nonetheless, stay sharp in your analysis. The possibility of life- and even generational- changing riches is blinding. It's really a game of how little can I pay and get away with it. No one here knows what Daic's go-no go analysis is regarding what would be a suitable settlement or sale of the patent. The signs are promising, but...
I am spending time with my kids and grandkids rather than spending my soon to be gotten millions and planning on buying that G-V yet. And if the G-V comes true, I'm buying in Vegas.
I hope you are incorrect.
Interesting reply, if cryptic. How did Dave Williams harm us by forcing the court to give the entire BOC a time-out until they are in Depends, eating oatmeal with their fingers and painting their faces with it? How did TM force the BOC to never try for a Markman or to reply meaningfully to TM's motions to dismiss? This could happen only with a criminal Board trying to take-down the patent for their own gain (we will never know what agreements had been made behind the scenes). I've been aboard this ship of optimists since 2004 and have never seen another business story so full of passion, stupidity, drooling cupidity, cluelessness, TBI, deviousness, in-your-face criminality, abandonment, cruelty, and just plain stupifying incompetence. CLYW is like the telecomm equivalent of Picket's Charge, with us stockholders the equivalent of the survivors at Antietam. We read many cases in business school and none reached the hypoxic heights of this pre-NTSB case.
I am the world's largest booster for capitalism. But it is cases like CLYW that find me, in darker moments, muttering about revolution and looking for my Springfield 1903.
Again, please. How is the current situation the fault of ANYONE aside from past management?
Re: shells:
Buying shells is easy. There are many out there that are simply the corpses of bankrupt companies that have been left for dead by the side of the road after crooked management has run-off with all the company's assets. Boston Dtox comes to mind. I believe the Calypso Board of Crooks originally bought a shell called "Kleerview" as the beginning of CLYW. However, two caveats:
1. You buy a company shell, you buy all its liabilities, legal and financial.
2. You may end-up with a technology company called "Dr. Feelgood's Reptile Serum Life Regenerating Elixir."
Still, an interesting idea.
Hope not. That would make a post-CLYW win appeal by TM more likely.
The Board of Crooks members will need the money from their illegal shares to pay for their criminal defense costs.
Follow board postings and periodically check with the broker who has your markers.
Disagree with the statement than the all-powerful Receiver can reinstate the company so we can get rich for the rest of our lives. As I read the judge's order, the company is done. What I do not understand is how multiple settlements over years can be accomplished with a delisted market marker currently in one's account.
The problem with this and the previous is that we do not have any salable stock. We have delisted markers in brokers' accounts. I do not understand how these can be used to keep getting settlements over time as cash. The final value of the stock will be the final value, the company will be dissolved, and that will be realized as cash in our marker accounts. How does this allow us to keep getting money into our accounts over time?
*cough*disinformation*cough*
>>They got taken to the woodshed by the filing... which appears to show that they'd never even bothered to read the prosecution history before crafting their "argument" ? I think that makes it look like the malpractice issue is still alive... Are the CLYW lawyers being intentionally stupid, or purposefully incompetent, still ? Or, is that just a fact in the reality that we're stuck with ? Or, was their primary argument cleverly designed to fail and make them look stupid ?
This is the opposite of what other posters have shared. Can you be more specific?
My prediction: if we win the Markman, TM will offer us nothing and will do several things:
1. Publicly, bet the farm on the trial set for March, 2013.
2. Buy as many shares as possible privately for pennies on the dollar using front men.
3. Try again for a change of venue.
4. Try again for a postponement.
5. Try again for a change in the judge.
6. Try to jury-shop.
7. Use local press through surrogates to convince the jury pool that they are blameless.
8. Contest CLYW's ownership of the patent.
9. Contest the inventor's right to the original patent.
10. Blame the Board of Crooks (may be their best bet)
11. "The dog ate my case"
12. Your guess is as good as mine.