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I agree 100%. I think TM is so scared of CLYW that they begged for a stay and immediately offered CLYW 1 billion dollars in settlement. And I think mediation was in fact completed with Daic and he has settled by giving CLYW 1 billion dollars. All this will be announced any moment now and the stock will soar to $100.
No it's not IMO. Yes, the intent of the stay was to start negotiations on a settlement, but that does not mean they actually followed through on that intent. It's my opinion that there are no negotiations going on at all with TM. It's my opinion that TM is just dragging out the case. I'm sure they are conversing with CLYW, but it's my opinion that no deal talks are going on. So if Dave really said they are "negotiating", then that's privedged information. I would think he is smarter than that and that's why I was asking if that was really the word he used.
If Dave Williams actually said they are "negotiating" with TM, then that's insider information and you could go to jail over that (him too). So tell us, did he actually use the word "negotiating"? A lot of people here are going to read that verbatim and buy the stock.
If it goes to $1, I hope I never see you here again. You should be on a beach.
I don't call $80k lunch money. Yeah, that's what I banked. Had about 700k shares at 4c, turned at 13c. And then turned again on smaller position from 8 to 12ish. That's the truth.
Whatever. Why is it that anyone who doesn't drink the koolaid around here gets pounded on? Hey, I got in at 3-4c and have since turned it twice and banked some good coin. Now I'm out because I just don't see the upside any time soon. maybe you're right, maybe it will explode next week, who the F knows? My bet is it won't because nothing will have happened except more stalls and no news on TM.
Yeah, because I've turned it twice now and have made a lot of coin. How much have you banked? None. Hope it runs for you.
I understand perfectly - you said it yourself - "it will end at some point". That could be years from now. And it might not end favorably. You are assuming both - that it ends quickly and that it ends favorably. I'm just not there.
Dude, it happends all the time. Look back at the previous Bill of Review, Daic et al stalled continously and that judge did nothing about it either.
Hello? They are stalling. Get it? And they will continue to stall..That's why it's going nowhere for a long time.
You are correct. Daic has no intention of cooperating with CLYW in any way. If CLYW wants to depose him, he'll stall. If they want to change courts, he'll fight it. On and on. I just don't see this getting resolved this year.
What did I tell you? I told you Daic et al would stall and the court dates would get moved back.
Ok, I stand corrected. I still don't get though why it's so important to dismiss them as the law firm. They are idiots, the last thing I'd want is a more competent law firm for the other side.
12-14c range both times
Yep. Why would they need to move the court if they settled?
There was no mediation. And the motion is not to disqualify Williamson's firm, just Williamson. And Cyndi Rusnak (sp?) will just fill in for Williamson, so no big deal and waste of money IMO. And I doubt the case wil get moved and even if it does, so what? And moving the case will only delay things more IMO.
Some of it is simple. They've scheduled a pre-trial conference. Would that ne needed if they had settled with Daic? No. So no settlement. Will CLYW ever settle with Daic? No, because they want the original judgement reversed. How do I know that? Becuase they're trying to get the case moved back to the 151st court where the bill of review was. So it looks to me like they are going the long road now with Daic.
The TM is just my opinion. I don't think TM is in a hurry at all and it would be in their best interest to drag their feet. They know CLYW has no money.
Will not settle with Daic - ever IMO
Won't see Williamson gone Tuesday, maybe not ever, and even if he does go, so what? Never understood why that would be such a big win for CLYW
Since when are delays "perfect"?
You are reaching. BTW, this "weak hand" made some good coin and I'm great with that and will get back in if we get something concrete for a change.
Number one, that's a big IF and it won't happen. Don't look for anything before year end IMO. I think CLYW does not settle with Daic because CLYW wants the original judgement reversed. I thhink CLYW has to take it to a jury and that Daic will delay the case. I think TM is playing CLYW in a delay tactic. I think the stock will drift back down to the 4c area. I'm all out now but will be watching.
Bailed on another piece today. I see no indication that they've even started mediation with a deadline of Monday. Given the pre-trial conference on 10/29, it's obvious they have not. I think it's dead money for a long time now which measn lower.
Yep, CLYW could give up going after the original judgement but they won't. The BOD has it in for Daic. They will be stubborn and take it to a jury. Besides, I don't think Daic and CLYW could ever come to an agreement again give the history. There's no way CLYW could ever trust Daic to live up to his side, he never has before, and CLYW would just end up back in court suing him again. So the only logical choice is to take the case to a jury, unfortunately, Daic will drag it out well past the current dates imo.
Again, if CLYW wants to reverse the original $100 million judgement and CLYW does, then CLYW can't settle with Daic. Any settlement would have to preclude CLYW for going after Daic for the original judgement, otherwise Daic would not settle. Do not look for a settlement to happen, which means the case will have to go to a jury.
Frankly, I don't really understand the change in venue thing. The 151st I guess was the court that issued Daic the original judgement and then issued the bill of review, so maybe the BOD thinks that judge would be more favorable to CLYW, but who knows? Besides, if CLYW wants the change, Daic will surely fight it and that means more money to the lawyers. Is it that important to be spending your last dollar on that? I'm not sure I agree with the direction were taking here. Arguing for a change in venue, trying to get Williamson dismissed as Daic's lawyer. Are those really critical to the outcome? And if not, they are just eating up time and money, neither of which CLYW has.
There is no doubt that the BOD will try to reverse the original $100 million judgement that Daic was awarded, and they should, but the issue with that is two-fold.
One, if they settle out of court with Daic on the current case, that settlement will probably preclude them from reversing the original judgement, Daic would surely require language to that effect, otherwise no deal. So they're going to have to take this case all the way to a jury and win it outright if they want to go after the original judgement, which means no quick settlement here and I expect Daic will drag it out and the court's dates will get moved back as they always do.
Two, it takes money and CLYW has none from what I've read here. The only hope for money is a deal with TM because they have no stock to give out and I don't see investors loaning them cash with nothing in return except a promise.
And so, in reality, the whole thing rides on CLYW getting a quick deal and cash out of TM. I really don't think that's going to happen quickly. They have at least till the end of the year, or close to that, with the 90 day stay. And there's no guarantee a deal will even get done. Don't you think TM knows CLYW has no money? I think TM could be stalling for time.
So that's why I sold half my holdings and will bail on the other half if I see it start to collapse again.
See, this is what I mean by drinking the koolaid...sounds like an infomercial....
YES! This is a very special situation! patents potentially worth billions of $$
Hey, my tone has changed only because I'm not as sure anymore that CLYW will win against Daic AND get a deal from TM and that both of these will happen soon. I see a lot of people on the board drinking the koolaid on these and that's always a warning sign for me. So I banked half my position. Given Daic's history, I think he could stall and drag out the state case well beyond the current docket dates. And who says TM is not playing CLYW, stalling for time.
Yeah, traded it around some too, outside of my larger position. GL.
I just saw it bounced off 7c a bit ago so I picked that, but I think if people start to give up, it would probably go down to the 4c area, and that's where I'd prefer to load up. I still have a good position at around 6c or so, about half what I had. I sold half around 12c and will stop loss it below 9c and reload at 4-5c. There's my laundry for everyone to see.
You could be right about the 2008 agreement. The judge could find Daic in breach, then CLYW could argue for damages and the judge could award damages. All I'm saying overall is though, I would not be a buyer anymore unless it dropped back below 7c or so, given the uncertainties, but I'll hold onto what I've got left.
Yeah, I still hold a decent size. I sold half up at 12c hedging bet though.
They can't reverse the original judgement, this case is limited to just breach of the 2008 agreement, so you need to get that out of your head. Even if Daic is found in breach of the 2008 agreement, that just means that we go back to the company owing him the $100 million dollar settlement. So now we have to negotiate a new agreement, or try to re-open the settlement. So in either case, he doesn't go away, even if he loses this state case. So TM has to be looking at that and saying to themselves we might want to delay the Fed case until they finally get rid of Daic. TM could draw this thing out for years.
We don't even know if they even started mediation yet. Beyond that, we don't even know if we'll settle with Daic in mediation or go back to court. If we go back to court, we don't know if the Daic trial date will stick. Heck, we're still trying to get rid of his lawyer. We don't know if they even started negotiations with TM yet. We don't know if TM is just playing us. There's just so many things that could still go wrong, I'm amazed at all the people who are just totally convinced that everything will work out great.
Of course Daic was in a hurry back then. CLYW didn't have a lawyer. Now CLYW has a lawyer and a good one. Daic wants to stall now because if he does ever get to court, he's surely going to lose and he knows that. So he'll tie this thing up as long as he possibly can.
I've heard the exact opposite. I've heard that he is stupid. Or maybe he's not stupid but so greedy that his greed outweighs his brain and he dies stupid stuff.
"If they really wanted to stall they could just wait for the trial in 2011"
Or they could agree to a 3 month stay, then ask to move the Markman hearing back after they could not come to agreement. All I'm saying is that its in their best interest to stall hoping CLYW will run out of money for lawyers and/or waiting to see how Daic case comes out. Hey, I hope I'm wrong but not putting blinders on like most people on this board.
"If I were the Daic parties and knew I had a decent case, I would be requesting to try the case as soon as possible in hopes that I could take ownership of the patents and make my own deals"
That's my point exactly - you are not Daic. He is stupid, you are not. You cannot assume he would do as you. He will not. He has proven time again that he will cut off his own nose. I am just saying this is the way he thinks. I say he will stall as long as he can, just because he can and will want to see what kind of deal CLYW gets from TM, if they get a deal.
Hey, check my past posts. I loaded up big time and haven't sold a share. You know, people can change their mind. I haven't changed it yet, I'm just frustrated and wondering if TM is playing us.
Yes I have a large holding but I'm allowed to get frustrated and ask questions. I'm not one to just stick my head in the sand like you maybe.
TM would just tell the judge they could not reach an agreement. End of story. Heck, they could always throw out a ridiculous small number to CLYW just to say they tried. The judge won't do squat. That's just the reality.
Not true. I'm loaded but getting frustrated.