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i agree, drago's involvement would be only as a shareholder, but his interim involvement as of late--as modulated by the reciever is nothing short of essential--bottom line is kyle and desmond destroyed any chance of the company defending itself, possibly so they could sell cheap shares to themselves and since turinni was getting a cut of the proceeds he let them go ahead and do it
it all depends--not all business experts are created equally
sorry bud 1.
it would'nt be that way
2. you ought to know who's providing life support
3. its in tmobils best interest that the company not be re instated as they can argue against future royalties
bottom line is they will play the recievership card for all its worth, maybe laster is / was smarter than we all think and knew williams was in over his head? it plays well after a big win--wise up united we stand divided we fall--same goes for daic as the reciever has willed it, trust me, the reciever knows what he's doing, and post tmobile win w/ a rsm in the wings will have no trouble getting tallent from google, microsoft, att, and even tmobile
Excellent analysis HR, i agree, the lions share of prior art considerations are going to occur prior to the file of the patent, once filed any filer is in many respects stuck becuse of rules on claim revision so there is virtually no incentive, clyw did not file the satellite patent untill a year after they recieved '923 so no one could say that they were there 24 / 7 searching prior art prior to the issuance of 923. Tmobile could try to say that calypso deliberately delayed the satillite application for just that reason--but if they do the court room will need to be full of medics to treat everyone for laughter hyperventillation
"ASNAP Technologies" the RSM into CLYW, it can happen, w/ billions it will be a piece of cake to buy a reverse shell, it follows the spirit of Judge Laster's Decision, please everyone, after seeing how expensive it is to follow through w/ a patent, why not focues on a winner, create a good extension, pay the 150 and talk to the reciever and Drago--drago is not one to miss an oportunity to extend 923 if its a good one, despite the fact that williams was primarily in in for himself, he did put his money where his mouth is, so did drago, so did investors (other than dewine et al who got shares for free). Bottom line money is not everything, we need IDEAS ideas prove out integrety and committment and will get this company relisted w/ the help of a huge kick rear win on Tmobile.
im going to remind everyone here of this again and again, we need to all put our arm chair quarterbacking to good use and start penning down some ideas, if everyone takes a shot, one of us will hit it--Guaranteed!
it really seams that tmoble is trying to create an agruement that says "the patent is what marketing has said it is" like somehow management somehow trumps engineering and legal. So simplifying for the sake of sending a powerful mission statement is an unpardonable sin.
that's why they want user input stricken from the construction--not that if stricken it will eliminate infringment
like you say, time is an inherrent "hidden variable" and the users movement is input, doesn't matter if its indirectly inputed it still is input and is determinative of the vast majority of the switching that occurs.
exactly, further, please consider the impact of calypso buying a publically trading shell and doing a reverse merger and re issuing shares on a 1 to 1 basis? seems like a totally legal work around that the reciever could initiate with minimum resistance from the court of chancery! this would allow the reciever to re configure the company remember, the stock was cancelled by the sec and not the reciever!, a nice clean shell would be sweet--no one would need to worry about the incompetence of the past
ok but dont forget the tie
please be low keyed and cool be sure to sit behind calypso and what every you do dont try to talk to anyone in the court room at any time unless clyw's attorneys acknowledge you or direct the court to acknowledge you and then just smile nod just a little but not too much or too long.
wear a suit and a tie and dont wear sun glasses or a hat be neat clean but dont polish your shoes so that they shine shine shine
seriously....
i see it differently, and i see it also as a blessing, this kind of a patent, its scope and generality and power is as subtle as it is bold and as such its the kind of thing that will bring resistance untill its too late, that is what i am hoping for, anyone that has cold feet and would settle w/ out the publicity of an ultamate win could just as soon work for tmobile
pretty desprate isn't it, call it a "your dog crapped on my lawn" type of arguement
I like Juren's background, computer SYSTEMS engineering, i'll bet he's been familiarizing himself with '923 for years, just guessing he's about 30 or so--he did well cranking out this brielf as it has real substance, he's going to be in all the journals along w/ mathiews and others. now that ive seen this rebuttal its going to be hard not to envy those that are going to witness the oral arguements in person--its going to be one heck of a fight and i'm sure Guy Mathiews will deliver!
Tindel, he's probably still on board tooling in and out of the Marshal court to handle the in person stuff as needed, if there is some kind of sudden need he'll be there, further, once things go to trial he'll be there everyday to make sure everything is handled properly
as for calypso's rebuttal, i like it, and will need to re read it. We are showing real determination and the patent is being defended in the utmost they are not giving any ground, even on issues that would not affect the outcome of current litigation with tmobile. The fullness of the patent is being properly embraced while tmobile trys to efface it at every turn. There is a "dam the torpedo's" bravado that is shining through which shows true confidence in the validity patent on the whole.
my take is this, better to have to trim back an infinitessmal ammount of patent scope later if there are aspects of others invetions that legally overalap than do it before exactly specifying any such limitation.
tmobile is clearly trying to invoke the "too hard" card by creating a mashup that will discourrage judicial annalysis more than provoking its ire--in the marshal district more that most any such approach is ill advised.
All in all this construction process is complicated, more so that i had imagined, mathematically its the process of adding disparate perturbations which greatly expand the dimensionality of meaning of each cliam and then chiseling back on each as necessary--but not in terms of limitation but rather in terms of the perspective which most simply, efficently, and truely illuminates the relevant possibilities.
the bottom line is this, drago likes the lime light, i very frankly believe nothing could further the technology more than a front page of every paper kind of story, once that happens everyone on wall street will "get it" and the push for the tech will snow ball like no one could ever have possibly imagined, trust me, that is the only way, an auction would make us all look like fools, they would all get together and form a illegal cartel to fix the price of the patent so that they could rape 923 untill the cows come home
btw, impressed w/ apples win? don't be, they are all about accoutrements, likewise, ntp's win against a single customer was just that a 1 trick pony, no clyw's patent is a revolution, bigger than qualcom, qualcom makes it work--one solution out of many, but clyw saves the network, and there is no other solution baby!
my take is this, they all were waiting for drago to take control, now that they know that the reciever is involved, theyve decided to go ahead since their assumption is that tmobile will acquire the patent and will then give them all a break, that is to say, their assumption is that they will never have to deal w/ drago nor calypso. they see this as a 1 trick pony and that hence after tmobile gets slaughtered no one else will ever have to deal w/ the issue again...THEY ARE WRONG!!!!DRAGO AND CALYPSO WILL ARISE TO TAKE THEM LIKEWISE OUT BEHIND THE WOODSHED W/ A LOUISVILLE SLUGGER
brokerages can hold the certs, they file for them, they get them, then they hold them for their clients
that was a baskin's robins ice cream flavor, he he, to tmobile its not going to taste real good :)
your ideal of morning makes a lot of sense considering the break neck pace the proceedings are currently moving at.
we now know there will be 19 pages more to come. Franlkly im supprise at how fast the court wants this kind of a process to move at, it seems to me to put alot of patent defenders at a disadvantage in moving on complex technology infringments, fortunately as you say '923 is cut and dry.
so do i that's why i said: "the reciever in conjuncton with the court",
btw i know someone that is suing a reciever in a bk, "ironically the reciever's response was that by responding to te complaint he was suing himself.
there are retired judges aplenty who know the ins and outs of deleware lets hope we don't have to hire any
my point is that what the reciever says holds alot of water, even if he's on our side. If there is huge opportunity to be had for willmington my hunch is that the court may be reasonable. It is not unheard of for companies to exit recievership
that being said, id believe nothing anyone says until it happens, the reciever can run this as a trust untill all the patents run out, the court will allow it, and if the settlements are large then its not a bad situation
as far as claiming a one's dividend--longs will need to be on their toes to file a claim quickly so keep all your paperwork together, maybe converting all to certs is the best move in anticipation of that welcome day.
w/ a id like mine it will be easy for them to identify my posts if they care to. as for contact, this should be sufficient for now, i very bluntly want the company to be re-instated there are some very innovative technologies that can piggy back on '923 that would on one hand be blocking to all non-asnap implementations and be blocking to '923 as well, however, calypso had such a patent their desire for the basic technology would force them to either license asnap, or to infringe on the blocking patent on spectrum outside of '923, hence companies get a twofer for respecting calypso, its a two edges sword of sorts blocks infringers both inside and outside '923 hence can be used to "herd" the industry into a new technology revolution if calypso controls it.
but be equally aware of how well drago lives, it will not be life changing for him unless he becomes the centerpiece of a technology revolution
RIMM is a little weezle of a company compared to tmobile, a carrier that unlike RIMM uses a subscription based model, that difference is highlighted by the following like comparison:
RIMM's technology is an agreement of a non-carrier with a Consumer, whereby the carrier allows it, however, Calypso's technology is involved with the relationship between the carrier and the consumer whereby a 3d party (by law freely) allows it.
to me that puts a multiple of a factor of 10 on ntp's settlement, futher, you'd have to be blind not to notice ATT's gearing up to embrase ASNAP, this type of process is poised to explode and publicity from a trial will help that,
DRAGO IS NOT THINKING CLEARLY IF HE DOES NOT GO TO TRIAL AND GET A JUDGEMENT $$$$$$$$$$$$$$$$$$$$$$$$$ AMMOUNT ENTERED ON THE BOOKS, THIS WILL GET THE CONSUMER TO TAKE NOTICE AND BEFORE YOU KNOW IT BUSINESSES WILL BE CLAMMORING TO HAVE IT IMPLEMENTED AT THEIR HOT SPOTS AS A LURE TO BRING IN CUSOMERS
"fortune and glory kid, fortune and glory", this is what drago does not have, the only way to get it is to lay tmobile to waste, even today, the NTP deal w/ RIMM:
"On March 3, 2006, after a stern warning from Judge Spencer, RIM and NTP announced that they had settled their dispute. Under the terms of the settlement, RIM has agreed to pay NTP $612.5 million (USD) in a “full and final settlement of all claims.” In a statement, RIM said that “all terms of the agreement have been finalized and the litigation against RIM has been dismissed by a court order this afternoon. The agreement eliminates the need for any further court proceedings or decisions relating to damages or injunctive relief.” The settlement is believed low by some analysts, because of the absence of any future royalties on the technology in question.[14]"
DRAGO CAN DO BETTER, AND HAS EVERY REASON TO WANT TO
http://en.wikipedia.org/wiki/BlackBerry_Patent_Lawsuit
anyone that is pushing for a crap price wants to buy the patent while there already is an offer on the table for many times more.
the reciever in conjuncton with the court is all powerful and can ask the court to re-instate the company if that is the only way to maximize value. While it is true that the court would never allow the company to be re-instated simply to benefit from a stock multiple boost to investor value, if value based on 923 can be shown to be perpetuated by advancing additional patent extensions the court would see fit to re-instate calypso
its really simple actually, all one needs to do is to write an extansion to '923 and add calypso as an inventor then present the preliminary application to the reciever, he will then call drago drago will then call the guy mathiews firm they will then say the patent is genius then drago will get an expert opinion from mathiews then the reciever will present that to the judge asking for a tentative recision of a winding down pending the outcome with tmobile drago then will pay to have the preliminary patent application prosecuted into a real patent application behalf of calypso.
I believe a few shareholders will be able to come up with something along this line, and it would cost themn 150 bucks to give it a whirl
only one battle ground word = "pre determined"
tmobile will try to say that nothing is predetermined, this would be garbage as well, they will also say that calypso cannot predetermine its parameter again, also garbage, nothing in the patent precludes calypso from re determining the parameter over variable time periods
causally its absured to post determine any basis for switching
in programing whenever there is a loop, there is a point where something ultamatly meets a criteria in order to exit that loop, that criteria is ultamatly tracable back to the position history of the user their "path" if you will. The methodology is not forced to be markovian over a given time interval, rather samplings over time, some or all of them are valid within the '923 framework
the judge will never buy trumping calypso with perfectionism or the lack thereof as an excuse for invalidating the concept of seamless.
as far as tmoile's use of other patents to invalidate 923 i would simply defer to the patent owners and ask myself why oh why are they not suing tmobile as well?
of course its not that simple, i think what is in calypso's favor more than anything is not that eastern district is "patent friendly" but rather patent knowledgable--what this means is that the judge will know how to answer every issue brought up by tmobile to perfection as necessary--a response to everything brought forward by tmobile will certainly not be necessary.
generally, long briefs like this w/ no direct defenses don't bode well unless the technacalities hold water
all in all, viscinity is an abstraction term as well just like distance, length is not a good word for calypso to use, the most important lesson from topology is that the patent is especially valid over a range of small movements and small time periods such that there is nothing in the patent that forces the switch to occur the very instant a physical threshold has been exceeded.
overall tmobile will try to say that they cannot isolate the data point that caused the program to initiate a switch since it is embeded into a summation of data values, one translastion of such a process is that the program has a built in inefficenty that is being used to "pad" the sample but any one skilled in the art will say that a switching point typically would never be based on a single measurement since it could be an outliers.
as far as the directionality of the user is concerned, there is a vector field at any point in the vicinity that can be defined by the field tangent and the radial vector parallel to the position vector whose origin is at the wifi radio. Locally then all movements of the phone user can be projected onto these two vectors. however, the probablity that any movement would be purely tangential is zero hence the chance of moving along the isoenergy contour without having a radial component that would cause a change in field energy occurin as a result of a change in location.
now more on length vs distance vs viscinity each is ordered in terms of increasing abstraction however lenth and distance comport more a notin of containment whereas viscinity does not and is much less imposing / rigid.
ultamately this all sums up to whether or not what a user does has an effect on whether a switch occurs. tmobile thus exploits the falicy that in essence the switch does not depend on any user input. but then the switch could occur arbitrarily without any input of the user. Clearly this is possible but is it the only possiblity? What then if he user does move? Does the switch then sense this and decide not to occur no matter how far the user moves away from the wifi source?
f.....................no!
hence tmobiles only hope is getting calyps on a non technologically related legal technicality
revisiting this from a logical perspective either there was prior art or there was not. this is the only battle ground of the case. looking at the components generally speaking consider a mechnical medical device that has been patented (something comes to mind but i will not give details), enter now the user of that medial device creates a completely unrelated progressive mechanical problem. The user then realized that if he can reverse the effect of the device someone with a pre-existing condition unrelate to the devices original use could be treated. some modifications may be necessary
here is the rub, if i made those modifications to the original inviention, that is the original audience, i could probably never get a patent however, those same modifications applied to the new unforceen audience of patients would apply.
this concept is a critical trump card that filters out '923 from a sea of component combinations, hence the hurdle that tmobile faces is that not only must they show the precise combination of components is comprised in pre existing prior art but they also need to prove that the intended use of those components well contemplates the purpose as defined by '923 including the value proposition. the value proposition is once of several inventive steps and analagous to reuse of essentiall the same medical device to treat a completely unrelated condition.
adding this to whether "calypso did wrong", the question is moot if there is no VALID prior art. Abstractly its been proven that calypso has done no wrong. Finally calypso does have all of its documents in order, this is also an undisputed fact. Calypso was not a member of a standards committee they did not trick tmobile into using the technology and the patent is simple enough that its filing is record enough.
calypso will be precident setting in that its going to push damages to a new all time high
TMOBILE IS DOOMED
i think he was trying to sell some of his shares?eom
Tmobile has saved money, lured customers, saved customers money, and has made money from calypso, trust me, DD's laundry list will be replete with damages galore, additionally they are privy to punative damages, that's the main reason for an excessive technical defense is to stop the punative damages above and beyond the trebble damages that we are all so fond of. Once one looks into the relationship between kineto wireless and the mobile industry, the money that has flowed from DTE its going to get bad--given the non-disclosure agreement the jury will have no trouble seeing all truths.
all an all there are special circumstances here that are going to make this the trial of the century--drago daic is destined to go down in history and given his interesting background the media will embrace him.
The problem is Tmobile realy has not told anyone squat about exactly what they are doing--but if tmobile thinks this is going to go into all of that, an anticipation that makes sense since they were well aware of clyw prior to implementing UMA, how else would they try to defend themselves--hopefully they are a heck of a lot dummer than we think, even so, nothing would be sweeter to not only prove that they are infringing, but also that whatever they are using as their defense technology is not patentable
Champion's brief is a total JOKE I fully expect them to have their head handed to them on a platter. To me their response, though psudo-factually taylored is boiler plate all the way--filled primarily with useless fluff that will not even bog down the process. They are basically saying nothing substantial in their defence whatsoever. My prediction is that the judge will find their oral arguements evasive and throw the book at them on all accounts.
ergo, distance is clearly an abstraction, always is, and always has been, how else does one calculate the distance metric between two matricies (ie two arrays)?
Ok, have been watching this distance thing here and at yahoo
first of all, there is a text in nuculear medicine that uses distance expressed in units of energy,
the following link:
http://www.scribd.com/doc/29820451/Essential-Nuclear-medicine
will get you to their usage "distance expressed in units of energy" ($$)
additionally there is a unit of measure in genetics called the centimorgan, its the "distance" between an alleles on a gene, if you do some research on the subject you will find that the actual length of a centimorgan to vary by hunderds of percent depending on the gene in question.
frankly, tmobile has even more neve than DD, but in this case, its not going to do them any good.
good luck to all investors