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No wonder Turrini fled to Paraguay. He should be on the hook for the $5M along with the rest of the BOC. The patent's validity is a separate issue.
Short version: keep Daic and CLYW tied-up in defending themselves from this baseless counterclaim so as to preclude our appeal to the next court before the deadline.
They'd better get busy. I believe the deadline for an appeal is April 18. And they'll need better lawyers.
We lost in a Texas court that arguably can be called incompetent if not corrupt. The next move is up to Daic. He has tens if not hundreds of millions of dollars on the line if CLYW can win. It's his willingness to appeal at this point that will tell us if it's indeed over or not. I am still wondering at the Texas court's actually rewriting/changing the wording in the CLYW patent and then the judge saying that a trial was a waste of time because no juror could find in favor of CLYW. That's what a trial is FOR, judge.
Without prejudice. Good.
No paying the other side's costs. Good.
Unclear on our ability to appeal to the next level court.
Unless we win on appeal, yes. It will then be time to bring suit against current and former officers, some civil, some criminal. The only one with money is Daic and his wife. Would be ironic if he fails to win on appeal and instead becomes a defendant in a stockholders' suit.
Obviously, TM DID beat us. They won the case at this level.
Who are "they" and what is the complaint?
Wonderful. Without prejudice. So TM is free to counter-sue us again any time they want, PLUS they get attorney's fees for the case we just lost (which will come out of any money we have when we are "rolled-up"). TM really beat us and Daic up.
Does raise an interesting question: where did the tens of millions of dollars spent on CLYW stock and notes GO?
>>Most likely the Patent would be sold to the highest bidder.
Who would buy a patent that a lower court has ruled is unenforceable vs. T-Mobile's patent?
The real issue here is Daic's continued willingness to spend money on protecting his special, secret deals with the former BOD (if the receiver rules they are valid), not to mention his tens of millions of shares. He has a real reason to pursue this but until the Texas court rules our suit there is dead, he can't appeal it. The sooner the summary judgment against CLYW is signed, the better. I suspect this will occur soon, with the rest of the case wrapped-up in Texas. The truth is that up to now, TM's lawyers have simply beaten the crap out of ours.
It also occurs to me that with one of the special deals Daic got, unless TM has the same patent overseas that it has in the U.S., Daic, who was given control of the CLYW patent in the rest of the world, may have gotten the brass ring -- undisputed seamless switching ownership in the rest of the world. In that case, it seems Daic would get 100% of the value of the patent overseas and the rest of us would get zero. Does anyone know?
Thankfully, the Receiver is acting professionally and keeping us well informed. And I can't help but laugh when I consider Daic's pitiful approach at winning the suit against TM.
Translation? What other issues are there to be handled beyond the patent's validity? And any word on the Markman appeal to federal court? And if CLYW agrees to end the case, how can it then appeal to another court?
It's worth remembering that the receivership judge ordered the receiver to "get the most money for the shareholders possible" before CLYW was rolled-up. To say the receiver has apparently been a colossal failure would be an understatement despite his own financial stake in being successful. The TM suit was filed in 2008 and now, five years later, has one glimmer of hope remaining in the Markman appeal to the federal court. It's a safe bet that some stockholders have died waiting for their investments to be worth something. When the court will rule on our Markman appeal is unknown.
Poor Drago Diac. Thirteen years. Sealed deals with the former BOC. Surprise settlements in his favor without allowing any owner (our) input or knowledge. Untold hundreds of thousands (millions?) of dollars spent. (Former) world class reputation. And now he's become a joke, squashed like a bug by TM's lawyers. Some legacy.
It's always a gamble. You let someone use your patent and hope they won't reverse engineer it to skirt the most important patent features. The Soviet Union spent 80 years reverse engineering most of our aircraft. Some people don't patent their inventions, deciding secrecy is their best advantage.
A patent is only as good as the defense in court you can afford.
http://navlog.org/patent_1.html
If TM succeeds in getting the courts to say, "The CLYW patent is junk," then it's worth nothing in this particular suit. But why did TM sign a non-infringement agreement with CLYW in the first place? If the courts toss our patent, it would suggest that any patent can be voided by an opponent with enough money and enough compliant judges. That would certainly make Daic look like a complete Bozo, wouldn't it?
As for the receiver's post-loss actions, he could still sell the patent to someone who wished to establishing a network using it. Can't estimate the efficacy of such a move.
So the TM SJ win in District Court means an automatic appeal to the Federal Court?
Have we any options left, or are we done?
You're letting emotion into the argument. This is simply a dispassionate battle among lawyers and judges and so far TM's are kicking our ass. What is surprising is that while Daic's profit of approximately a hundred million dollars is at risk, he isn't acting like it. TM is at risk of a series of humongous judgements that would arguably put them -- and others -- out of business. Of course they are fighting tooth and claw. Perhaps we can get Turrini to run a PBS special in Paraguay defending our case. /S
We're splitting leptons here.
It is shown as the last value at the time of being delisted:
$0.0198 per share. However, its theoretical trading value is at par value per Delaware's incorporation records -- $0.01 per share.
"Quote:.....This case seems to be stuck on the decision making process of when, or where, to make the switch, and not the switch itself. This case (and the judge too for that matter) has focused on the wrong thing. So far it has been about whether or not the phone should make the switch. I believe the core of the matter should be the "seamless switch" itself. End Quote... My reason for buying into this stock was the seamless switch. Maybe I need to sue the judge for overlooking that fact! I bought in here for the reason of no interruptions in a call!! I could care less at what range the switch is made, so what the hell Did I miss all these years???"
Nothing. What has happened is that to date TM's lawyers have beaten the crap out of our lawyers, in part by rewriting our own patent to favor TM. That's not easy.
And where can I find and download the TX filings? Thanks. (and I have an application in now for a PACER account)
Thank you. So, after one year the receiver has yet to post one word about the status of our case in Texas?
And the Delaware case is...?
"The parties have not engaged in any further litigation since February 13, 2012"? 'There is no legal activity occurring?' What about the appeal of the SJ? What about the Markman appeal to the Federal Court? For just what has the receiver been paid during the past year?
It's my understanding that even if the SJ appeal goes against us, we are still in the game with the Markman appeal to the federal court. Yes?
I find it encouraging that, unlike the judge who immediately denied our Markman appeal, this judge reviewing the summary judgment recommendation has had our appeal since 29 January.
Can someone instruct me how to access the dropbox download for filings in our court case? Thanks.
The judge's statement that no reasonable juror could find in favor of CLYW seems breath-takingly arrogant. This is not a matter of law; it is a dispute of the facts about which a jury is charged with deciding. IMO, that Payne simply brushed-away TM's agreement not to steal Calypso's technology is further evidence of faulty reasoning.
Not yet. All these pleadings end with the order the filer wants. The proposed order has not been signed by a judge or dated. Thus, the proposed order is still pending before whatever judge has to decide this. The proposed order was filed by CLYW on January 29. That's just four working days ago. But yes, game on again. The fact that the filing has not been rejected out of hand is encouraging.
I have no idea what you just said.
How is TM "doomed"? If we let the case drop, we have lost.
There's nothing left to split with anyone. If he lets the case die, I am afraid that's one more suggestion that this thing has been fixed. He should have everything to gain by seeing our case continues. I am surprised Daic has not filed an appeal on the SJ.
I have messages in to him and to his assistant.
I'd be amazed if he didn't. He has a potential tens of millions of dollars at stake.
We have one more day to appeal the summary judgment.