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We and the daic partiies need a trial with a jury. If Calypso gets a trial we could win big time. If you look at all of the court cases Calypso was involved in, none of them were before a jury. I just want to see one damn case go before a jury. It is not justice until a review before our peers. One judge is determining the whole future of cell phone service in the whole world. Come on, this is too big an issue for that to happen. WE WANT A JURY TRIAL.
It appears we are in for a few months wait to see any progress. With the extension to the last of july that gives the other side at least 30 days to respond, so we are looking for some information probably fall or winter of 2013. Glad I have other stocks I can follow, this is like watching paint dry.
Not sure what you're talking about regarding a turnover. If we get a chance at a trial we could get a lot more than .20 pps. The game continues.
Placing blame isn't going to get anybody any money. A successful appeal will help our cause and nothing else matters.
He may not be worried about the money, but he may be worried about losing the game. Money is not always a motivator for people with money, it's about the deal. If he can pull this deal off he will be remembered in the history books.
I guarantee he's worried about this appeal.
If the Daic parties walk, we are done. Likewise, they are done. Their multi-billion dollar world dominance is over. This case is very important for them going forward, not just for the US, but world wide. If they can't win this case, they can't win any case. They have spent nine to ten years for nothing.
You have to change your game plan based on the obvious facts now prevalent. The obvious fact is the daic parties are leading the parade, why criticize them now? I only want a payday myself, isn't that why everybody invested? I don't think I'll join the bashers in discussing the past because the present won't change. The present requires that we be drug along with the daic parties and I'm damn glad they're still fighting.
I am going to go on record and thank the daic parties for continuing with the appeal process. Without their effort I don't believe the case would be continuing. All I can say is they need to get the best legal team possible, to get the case reversed. Survival makes for strange bedfellows and survival is what this is all about. All parties holding calypso stock are in the same bed at this point.
Once we get a favorable trial and win this case.
I agree.
There seem to be a number of areas in which this can be reversed. Let's hope they get it right this time and err on the side of the patent.
Thanks for posting. I'll be out of pocket the next two weeks so thanks to those with the ability to post and keep us informed.
Motion to Quash the Deposition Notice and Subpoena of Kelly D. Stephens/Other Miscellaneous Relief ( Filing fee $ 39 receipt number 0541-5905752.) filed by Drago Daic. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Johnson, Timothy) (Entered: 01/19/2010)
Looks like stuff left over from the Calypso/Diac lawsuit days.
If I remember correctly he did not allow TMobs invalidity filing to go forward.
My impression was that the leniency concerning the definitions should be in favor of the plaintiff, not the defendant. The defendant gets his day in court, which would settle the problem. By not letting the plaintiff in front of a jury the judge usurped the USPTO. The patent is valid, the judge did not rule to the contrary. He just never gave Calypso their day in court, as would seemingly be required.
In my opinion, the judge did not give Calypso any benefit of the doubt so to speak. Everything went the way Tmob wanted and suggested.
For those interested in statistics.
http://www.cafc.uscourts.gov/images/stories/the-court/statistics/Appeals_Filed_Terminated_and_Pending_2012_REV.pdf
The Markman definitions would fit. We'll have to see what they come up with.
My guess is they will appeal both the SJ and Markman if they let them. The Markman definitions are the crux of the case. Even if they don't appeal the definitions, all we need is a jury trial. They will understand the patent and how it functions. It is up to Calypso's attorney to present the case in a manner that shows how Tmob is trying to skirt the issue by saying they use signal strength and how that is the same as Calypso's patent.
Never had a problem.
At this stage the big money attorney needs to get involved. Calypso doesn't need a newbie filing this one.
The brief is not due until june, so we may not see much until then.
From the docket it appears we won't see much until 6 may then a brief is due in June.
Now we need the super lawyer to present Calypso's case.
04/22/2013 1 Appeal docketed. Received: 04/19/2013. [69908]
Entry of Appearance due 05/06/2013. Certificate of Interest is due on 05/06/2013. Docketing Statement due 05/06/2013. Appellant/Petitioner's brief is due 06/21/2013.
I'll try to see what I can get and post. At least we know the fat lady didn't sing yet. I told you guys the daic parties wouldn't drop this. They've spent too much time and money to let it die on the vine. I think the appeallate court will make their ruling within a short period of time.
I just got access and time to look it up.
You guys give up tp early. I just searched and Calypso has a case in the Appellate court Case 13-1343 filed 4/22/2013.
Maybe daic's attorney would tell ya. I'd check the court, but I 'm not cuurently able to log in. I would imagine a Pacer search would show one if it was filed.
I've been in it since 2004 myself.The patent has always been my motivation for hanging in there, despite the idiots that have come and gone. I don 't think the judge understands the patent and he seems to have followed Tmob's lead, thereby allowing them to skate free. It's been a long strange trip. I'll sign off once I hear the fat lady sing.
I don't think the Daic parties can make out without an appeal. They would be fighting severals years of litigation if they bought the patent on the cheap, then tried to sue other possible infringers. I do think someone else, someone wanting an insurance policy of sorts might buy the patent, but I wouldn't expect a huge number. You will only get large bidders if they figure they are at risk. The best option for us and the Daic parties is an appeal. What they decide to do this week is only speculation, but I don't see them walking away yet.
So if our calculations are correct, we should see an appeal filed by the end of this week.
There is no way they want this before a jury. They would get it. The judge did not give Calypso the opportunity to present it's side of the argument. Even a judge doesn't know how a jury might rule, it just isn't possible. What is important at this point is to appeal to a higher level and hope the higher court understands the lower court was wrong.
The problem seems to be what was discussed here long ago. We said Tmob would say exactly what they said, we don't infringe because we don't use distance. The fact is distance is a basic calculation used in any method used to determine signal strength or any of the other measures. The Calypso attorneys and expert did not make this apparent to the judge for whatever reason and the judge didn't know it either. I can remember several posts DSU and myself posted about this whole scenario. Too bad the attorneys didn't read our posts. Let's hope we get the decisions appealed, I think a jury would understand.
Thanks. So that puts it to about 18 apr.
I am familiar with the Virnetx situation and that case was different than our current situation. The Virnetx case was a trial held in front of a jury. Unfortunately we haven't gotten to that point because the judge redefined the terms and then closed the case without Calypso having the opportunity to state it's case. I believe the judge was wrong and that the Daic parties will appeal. I just don't see this as an end without all of the cards being played, and all of the cards haven't been played.
Anybody know the last date to file an appeal?
That's three weeks. These guys operate on the last minute theory. 5p.m. 18 april filing wouldn't be a surprise.
They will continue to fight through an appeal. The Daic parties did not spend almost 10 years fighting to give up now. We will see an appeal. This is a precedent setting case, without winning, the daic parties have no future with this patent, nor do we.