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have a safe and efficient flight, maybe a fine meal is in order, they probably have some good steak houses nearby-i'd be going for a porterhouse, baked potato w/ sour cream and bacon, and definitely some apple pie, might even throw in a martini for good measure...
intresting report, sounds like a very well funded operation, wonder who the tech company was? another infringer? or big telco.
seriouly? eom
old school, btw who / how many people were in the gallery, by side, and how many at each lawyers desk, was drago / williamson there, their demeanor, and who did the arguement for each side, finally did the discussion appear heated? (just the general vibe if possible).
wow, 4 hours and done?!, no additonal arguemets?, Nice of em to allow the iPad
i'll be supprised if it does not sound like an absolute slugfest
given what Laster and then the SEC did, we were in a real deep freeze untill the case finally got re-docketed--fast forward to now...
its real quiet today w/ sirhig (who hopefully is wearing a tie), hence im figuring something is happening.
The judges need to run these courts like surgury else the litigants are left with an unclosed incision.
we still have a lot of hoops left to jump through, but its nice to think that the makman is happening now soon hopefully 923 will be entered into the law books in the most favorabe light--after we've all been through we deserve no less.
ty4t--cheers2all eom
Yup, thanks for the reminder--w/ all the info flying around its easy to forget that some of that has alreay probably happened w/ their telco guy--their deal crafter is probably blowing steam right about now...
on behalf of calypso wireless? i would argue its the reciever that has alligned with drago daic who is like a proxy, or surrogate, plaintiff in so far as the company is concerned, but a real plaintiff allong with williamson for their remaining share. However, my hunch is that drago is greedier than us all, hence there is no stop gain limit from him, its possible that the reciever could act as a stop gain limit, but that would be to go against a controling creditor that is footing the bill so even though the reciever is in control he's in effect giving drago deference regarding how far to take the process.
I could be wrong, but for me i want greed to rule all decisions affecting the litigation with tmobile
I WANT INVESTMENTS TO COUNT, EVEN SMALL ONE'S, GREED IS THE ONLY ENFORCER OF MAXIMIZATION--HENCE MY HOPE IS THE RECIEVER, THOUGH IN CONTROL WILL LET DRAGO BE GREEDY!
Ellis how about a markman timer?
good, ty, buy my guess is that they will not get to ask ahmed for a deposition for that proceeding since its not considered to be "new evidence"
no not me, that's a huge over simplification, i am cheering on that part of drago's efforts which are aligned with our reciever's, so in essence its not drago that i'm flying blind with, but rather its the reciever
I for the most part agree, its tough excluding sharma, leon, or possibly labeau, any of course are on the BOW's rolodex which is a very very BAD thing, on the other hand, if they, or any sharholder did something spectacular unselfish and technology, company, and shareholder value furthering i'd be inclined to be ok w/ it, but for any of us i'd want some kind of loyalty agreement drafted by the reciever--and of course no exceptions for any of the past BOW, etc they are out for good. Further, if once tmobile is history, in the end we make out well and the numbers show that mathiews et al did shareholders right, i'd have no problem having them pursue others under do-right conditions.
I agree, but its important that one has the right to file an appeal that has no merit, that is a frivolous appeal (which is a legal error on the part of the lawyer for the party that appeals), but if so deemed the judge has the responsibility to force the appealing party to pay for the other sides legal expenses. Thus the lawyer has the responsibility of NOT filing a frivolous appeal and telling a client outright that their appeal is without merrit and that it is unethical to go ahead and file it after saying so--a lawyer can't say to a client "ok we'll appeal just to make their life miserable" if there is no merrit to the appeal. Of course it happens all the time however but it will cost you UNLESS you have a good attorney that can find some facet of law that seems to apply despite the fact that it never will. I would not go so far as to say in theory a good lawyer can always do that but probably most of the time they can, however if they fail then they are placing their client at risk to foot the bill for the other side
hence, the reason why i say that if tmobile used their right to appeal on the judges decision to keep the trial date fixed and that alone, that its very possible for the judge to nontheless consider that particular exercise of thier right to appeal as being frivolous
all in all things are shaping up nicely for calypso
there is always an appeal
fun, sorry didn't read your post, my guess is that since this is a markman hearing the appeal process is different, my hunch is that this is totally irreversable and that they always have a chance to appeal, its weather its frivolous or not, to base the appeal soley on whether they get to re-open a window that they already themselves closed, i'd say no, they wind up paying drago's bill for calypso's appeal.
on the otherhand, if the court reporter's transcript shows that the judge made an error that may be argued to be not simple then the outcome will be graded by the court of appeals so as to compare it according to the "standard of review".
so to answer our quesion, it brings w/ it a clear disadvantage to tmobile if calypso is satisfied with ahmed's renditions thus far. but that particular disadvantage is moot and any appeal of it would be considered frivolous.
one more point, my hunch as well is that any appeal is dealt with denovo and since this is not a trial in the traditional sense, the appeal pannel will retry the evidence in that it will be allowed to make in some addiional findings of fact, however these will not be related to new evidene being admitted--in the end it ammounts to a redo of the markman at a different level but only focuse on the specific issues that are brought up. As for the implication of a favorable turn on some of the evidence, it will not bring it back to the original district markman level, but rather it will take the case back to the original district but for a real trial by jury that will then take up all the non-markman determined issues, as for there being an opportunity for an interlocutory process prior to the trial by jury--i don't think so
however i could be wrong and the appeal may have to be saved untill after the full trial by jury
its very tricky stuff and under some condtions there may be exceptions
i second the motion, reciever's choice of a new team all the way, we need people that are not on any of the current rolodex's
? wow, i wonder what this means regarding tmobile's chance to appeal?
I expect Ihub-clyw 2014 to be really busy, w/ lots and lots and lots of "believe it baby" posts 24/7
in for the long haul!!!
dream on, this is war, if you are right, then we can kiss our investment good bye
clyw could very well be capible of generating over a trillion dollars of revinue before the patent expires, china is covered in terms of devices it could sell in much of the world, the turn-over of wireless devices that will / should use this technology is including everything is well over a billion devices per year imagine 20 dollars per device from the lead mfgs, then component license agreements from literally 2000 companies for an average of 100 million dollars each over the life time of the patent, then 1 billion users w/ 10 dollars per month
thats about a trillion, then enter satillite, imagine the kinks being worked out?
then imagine more "must have" blocking patents / extensions that could be controled by calypso
I agree w/ the current top down strategy all the way
"The industry NEEDS the CLYW patent, now... " the problem is most are not real aware of both how much or even its existance as a technology.
if you stop to think about it its a win-lose-win for tmobile / DT no matter how you slice it (unless they go belly-up) because if they fight hard enough and long enough just to lose, the publicity generated even by a lose will be daunting and will lead to a better informed public and business sector which in turn will be clammoring for the technology.
something to think about--its in tmobiles best interests as a purveyor if they are going down to make sure everyone is paying attention, if it educates millions of customers and brings them to them there is no shame in that (as far as DTE's bod is concerned).
(rmbs's lawsuit's against micron does not appear in the least to have affect micron's business.
i see it as a two edged sword, on one hand it means tmobile doesn't feel they are ready, on the other hand it means they are still fighting
even if tmobile pushes this to trial because of drago w/ calypso fully locked into the mashup in the end its going to be about what tmobile did to calypso, not what drago did to either tmobile or calypso.
i take the opposite view on tmobile settling, because drago wants so much (in that he probably has only given them a high ball figure if any), tmobile's management is going to trump counsel w/ their gut feelings--its becaume a battle over human nature for tmobile: ask them for enough or worse yet being silent on it all together and they will fight us back untill they have hung themselves.
they have worked too hard to try to create a winning strategy of infringment from the get-go to admit defeat untill its been decided for them
I am responding to one of the most important posts, for me i'd say it IS my most important post, I'm going to redo it, in several days or so, its critical for drago to get this arguement to counsel, as he may very well have, however, i'm not satisfied w/ the clarity, this post unequivically toasts tmobile while still allowing them the fullness of their deception.
in essence, the one case that is not up for debate is the roaming into (as opposed to out of a wifi hot spot). the beauty of thier scam is that they are infringing on 923, and trying to disguise our value proposition by screwing the customer by not switching their rate, hence its the carrier tmobile that gains the maximum benefit despite the fact that the customer has to hang up and redial hence minimizing the benefit of switching to the phone user--in essence they are trying to trump infringment w/ policy, but they could not resist showing off the novelty of UMA seamless switching to thier customers--it really is rather sadistic if you think about the customer not remembering to make the re call, getting charged for cellular while tmobile gets network charges only for wifi (of course thay will say that it all comes out in the wash, but it really does'nt, and that is not really the point any way...)
i guess i king of re explained this put will want to do it again maybe several times to underscore the point
diode and high pass filter...
http://en.wikipedia.org/wiki/Diode
http://en.wikipedia.org/wiki/High-pass_filter
shareholders now have some very efficent right enforcing circuitry in play
it appears that the reciever is good, and that '923's defence will be good, so maybe "all's good"?
so clearly the patent office did consider it?
tmobile needs to give us a break from their BS, in no way does for-slow contemplate UMA or 923, its no wonder back in 2004 stich surfs or whatever cadre of slimes that were posting were trying to push 923 as taking place in the wifi radio router on ihub
the irony is that tmobile penalizes users for saving them money and forces them to hang up after the seamless switch,
tmobile's strategy is clearly to evade 923 is so half-baked it smackes as making a mockery of the patent system and the patent court, I hope that mathiews brings this up, because its really disgusting--tmobile has really hung itself with its billing policy fiasco centering around when call roaming is free vs is continued to be billed on the network.
no matter how they tried they could not get around it so they just went ahead and spit in calypso face, their policy tells the court how they were thinking, that they had calypso in mind all allong they simply could not resist infringment even though their evasion logic is increadibly flawed
shame on them !
may drago get revenge on them for all of his name sake
coup de grace
what is the difference in large distances? when somone comes w/ in the viscinity of a hot spot relative to a connected base station? neglagable, the a base station is often a mile or more away, today w/ 4g they are feeding video over phones, the actual qos as far as voice all to often is just as strong in the VISCINITY of the wifi radio as it is outside of that viscinity and the so is the quality of service, why then do they switch the call? to get better qos?, NO, that's not a VALUABLE ENOUGH value proposition, but '923's offloading value proposition is!
quality of service is not a valuable enough value proposition to move the industry to make a wide spread implementation, because users know that they can derive value they will seek out a hot spot and gravitate towards it, by and large, voice quality, and now w/ 4g video quality is comparable hence the primary reason for users to go out of their way to find a hot spot is to get better value. Once users are at home they are within a viscinity that does not require motivation to move to the vicinity, in this case the carrier moves the vicinity to the location where the user is most likely to be.
they are not moving that vicinity because they are nice, but because that is where they have the most band width leakage, users avoid overages hence in order to maximize the profit tmobie moves the vicinity to the user--they are not doing it because they are nice, nor because they care about quality of service, but so they can maximize the profit from the stingy user by offloading from the towers that they are paying for.
double will go for att
again, this is the coup de grace
therefore tmobie is infringing and the patents they cite to not invalidate '923
qed
tough, we've already consented to it. i don't like it either, the question is what would have been better for them? to have diposed him before they filed their response or after the rebuttal? overall i'd have thought earlier than later, i know from my experience that its typical for the defendant to desire to go last so that they have all of the info, frankly i see it as a cheap shot designed to "psyche us out" filing the joint motion to limit depositions then change mid stream after the deadline, they had planned on deposing him all along--what a bunch of liars to pretend otherwise.
Dr. Ahmed Tewfik, I hope I will be glad he is no longer at UMN, good people do wind up passing through that dump, in fact its rare for good people not to eventually leave...lol.
tmoble is really crapping their pants to want to get ahold of clyw's expert, now they are crying to beat heck to scramble for something, this gives the board plenty of time to consolidate efforts regarding any input we can make
thats what we want, we are the top of the funnel, drago and his cohorts are at the bottom and the reciever is the stopcock on the distillate chamber. we can make a difference because our general interests are alligned.
there is a simple model in play here, we on the message board have a voice, drago is the person most likely to hear our voice and convey it with to the reciever, he has his own checks and balances, if he has any doubts or even if he does not he still can talk about it w/ williamson and mathiews and a host of others that are legally knowledgable.
that being said, we clearly are not responsible for all of drago's ideas for that very reason, is that he's surrounded by people w/ knowledge and ideas, but drago is an expert plaintiff and is very much engaged so he will continue to monitor for anything new, we have a very good system of checks and balances because of laster and williams mistakes and lack there of.
History is being made here, on ihub, and if drago succeeds in being plastered all over every business journal--because of the reciever, we will benefit, just 1 good idea could change things just 1, and my hunch is that a few ideas will actually make even smaller shareholders a life changing difference
i think the better answer is i hope it doesn't matter, but ya it sucks, but drago is reading this board and w/ the reciever filtering things "drago's ideas" that work for the reciever are going to work for us
there is a special case where you are wrong, and that is if on its face tmobile's defense is frivolous, the best frivolous defense will look anything but to all but a judge and a well informed jury, it is a bit of a hurdle, and as w/ any action against a huge company it will be. but if from the right angle it all looks obvious that tmobile knew or shold have known and calypso was asking them to stop hurting them, then that is a game changer. Notice there was a big shake up before there was litigation filed back at the end of 2008 its obvious shareholders had spoken that they wanted tmobile sued and that was the only way, the company made sacrifices in order to do so. Tmobile had been asked to stop hurting the company prior to that and no doubt was told that because they lead the industry in implementation that not acknowledging calypso was a death sentance to the company. It all began before williams came on board--the damage was done. because tmobile still didnt license the technology williams then climbed aboard to help. it didn't matter what happened after that because the case had been filed, calypso patiently waited for tmobile to license the technology while internal company issues were worked out, the money ran out and williams wanted to get paid back as did drago, its the reciever that said it would be better to sue tmoile rather than to liquidate the company. All calypso ever wanted was to license from tmobile.
granted there are many issues but it was a holding pattern waiting for tmobile to do the right thing, the company is suing tmobile because of the reciever, not because of williams or drago, the reciever is acting on behalf of shareholders not drago nor williams, laster knew without the reciever's leadership williams and drago were lost as all they could do is worry about getting paid. They were worried about getting paid because of tmobile refusing to license the technoloty, As soon as they infringed they entered into a contract with calypso. I know this all sounds like bs, but if all of tmobiles defenses are proven frivolous its all going to boil down to something like this.
drago's (our people) are working on an explanation, and from what i gather its more like what i'm saying than not--its a gut feeling, but this kind of rhetoric is pure lawyering, and i can add nothing to it other than to say it ought to be done
Litton, creator of the BOC acronym(?), please realize that our utmost desire to the court must be to make the company whole again, and that the damaging effect of the BOC is primarily due to the fact that Tmobie bad mouthed the patent by not licensing from calypso, the intension of the BOC was never to be a long time substitute for top industry people, they couln't get them because they couldn't afford them because tmobile set the tone for what the patent was worth, hopefully at this level all that tmobile has set forth will be proven frivolous and obviously so, that will heap maximum blame on tmobile, it appears that our attornies are doing just that--no pass on any BS garbage at every turn.
if you tell the court that the company can't be repaired then you only help tmobiles position that only then should shareholders be minimally compensated, no extra damages are required to make the company whole and no punative damages are required as well--kiss the trebble damages good bye if you don't want to be made whole if you are "happy" having the company in recievership because no one could be trusted.
Its time to start whistling--need i say more?
a desmondite to be sure
"We'll see if we've hit a Grand Slam or not. Proof will be in the pps. "