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Since I am sure this board is being read by TM, just let me say that for a judge who issued the preliminary in one day, two plus months without a final is puzzling. Further, without a Markman the jury may be presented with our patent whose terms it may be argued remain indeterminate. We are now at the point wherein all further filings may be sealed, resulting in even less transparency. Of course, this may work to our advantage, not TM's.
With all due respect, woops is one of this board's resident pessimists. From my reading of the pdf, we got some of what we wanted and lost some others. Remember, the one and only key to our case is what the jury decides. In a tort action like this, I believe that only 10 out of 12 jurors have to find for the plaintiff, and in our case, have to find that TM infringed on just 1 of 30 claims in our patent. I find it more troubling that the judge has refused to issue the final Markman after two months -- a record.
Happy Thanksgiving to all! And may 2013 bring us everything for which we've wished!
A judge can limit awards from a trial under his jurisdiction. He can't do anything to settlements reached in other courts. We may want to consider hiring our own lawyer to watch our interests. As of now, we have no one looking after us.
Damages accrue at 12%/year during appeals.
Well, for that matter, the execrable Dec 2011 "settlement" gave Daic the entire patent worldwide outside of the U.S. We have seen nothing from Skippy about voiding this agreement. I hate to throw cold water on everyone, but after a win against TM he might come after us shareholders to take-away our winnings.
One possibility: a shell. I know of at least one existing corporate shell that could be bought cheap and then used to market the patent and then trade on the market. There are ways for the bold.
I know it's fun to blue sky this, but the essential element is the jury trial. You can never predict what a jury will do.
It's my understanding that an appeal can be made only on legal grounds, not findings of fact. Further, any money judgment made at the first trial accrues interest at 12%/year during any appeal. TM could appeal, lose again, and after several years find itself paying an additional 25-35% when it loses.
Thanks, but this explains neither how the parties' attorneys can proceed with a case nor how the jury can be given the facts pertinent to the case under trial.
Can someone explain the purpose of a protective order? Isn't all information to be used in an open jury trial to be made public?
And that's the key, isn't it? If TM can't win on a matter of law (the Markman), they will be faced with a jury that will be able to understand how TM signed non-disclosure with CLYW and then stole the patent and earned billions for themselves (at treble damages). I am trying not to get too excited about this; a jury is always a wild card.
woops,
Thank you for continuing as this message board's resident pessimist. You continue to add balance.
The judge issued his preliminary in one day. Doesn't his now breaking his own record for tardiness for the final make him look, well, weak against TM complaints?
>>catching Tmob's attempt at redefinition, including their attempt at re-writing the Markman provisional definitions regarding predetermined vicinity etc.
Is that it? Why the judge has not yet filed the final Markman?
Hello, Fellow '04!
Been some ride. CLYW is now about to turn final with both localizer and glide slope centered on the CDI. Up to the lawyers and Daic now. How's that for irony?
Then, to continue your line of reasoning, the judge may throw-out in entirety his preliminary Markman ruling and make final a totally different result? Since a Markman is a ruling based upon the law and not upon a finding of a case's facts, how could this be going on for 65 days at this point? The law is the law.
Blackout = confidential settlement talks
Google Daic's legal and business history. Not just regarding CLYW, but throughout his career. One could say he grabs an opponent's throat like an alligator and twists and twists. He knows how much money could come from this and I believe he absolutely will not let go until he has what he thinks is owed to him. For seven years he kept CLYW shareholders in a Vulcan Death Grip and we got free only through the intervention of an outside, superior force. As has been said here endlessly, this is potentially a ten or eleven figure case.
I was at a party last weekend for my son-in-law. One of the guests was a guy I had not met before who is in the telecomm business. He sells telecomm services. He is very aware of our case and says the entire industry is very aware and awaiting developments as this may be a game-changer. I know all us longs have been like the legendary wife of rhe IBM salesman who, after 30 years, is still a virgin ("Doctor, every night he sits at the foot of the bed and tells me how great it's going to be.") But maybe our ship is about to come in.
Tomorrow it will be 64 days without the Markman. Judge for yourself. This will either be huge or we get nothing.
I think it more likely that TM desperately wants a settlement before the final Markman and trial. W/O a Markman, CLYW/the receiver would be hindered in seeking further damages from TM or any other industry player.
In my research I have found no precedent for a Markman that had a next-day preliminary finding in a Texas court to take more than 63 days for the final. Something is going on. Of course, Daic is involved in this one.
"Assume" is a bit strong. I think there is a good chance that TM is desperately trying to avoid a trial they know they will probably lose. The recent election tells me that a jury would barbeque a giant company that tried to steal money from small investors. As part of such an effort TM would want to do anything to avoid making official a Markman which would leave them dead meat if the trial were to occur. I do not know how courts act behind the scenes but cannot help but think that both parties have asked the judge to delay his final Markman while a settlement offer is thrashed-out. Would such a request have to be public? I don't know. The recent post offering to buy CLYW at $2.50 suggests -- suggests -- that others see the likelihood of a huge settlement/court award coming down the pike.
Of course, if the trial were to occur and TM lose, we might see an appeal, but at the standard 12%/year interest, trebled. It's TM's move.
Sixty-two days and no Markman after a preliminary finding in one day. A record for this court. No, it hasn't been posted somewhere no one can see it. Something is happening behind the scenes. TM has a 1 in 30 chance of being found not to have infringed. Pretty crappy odds, I'd say.
The only thing that makes sense is frantic behind-the-scenes activity that would make a final Markman redundant. But what is going on? Nice of Skippy to keep us up to date on our own property.
Stock may not be transferred to a Roth. Cash only.
Why, thank you!
litton51
US Navy (Ret.)
It will be 61 days Monday without a final Markman. Anyone? Anyone?
Some info. The good news is that you can create a Roth IRA with no age limit involved. The bad news is that you can put cash into it, but not shares that exist in any other account.
The judge has now broken his own record for tardiness in rendering his decision. WHAT is happening behind the scenes? At least we now know that with Obama's win, if CLYW wins, we are going to have to pay 44% of our "unearned" capital gains in new taxes. Horrifying.
Four more days and the judge will have broken his own record for longest delay before issuing a Markman. SOMETHING is going on.
Yes. It's the Lasagna defense: throw a lasagna at the wall and see how much sticks. TM is in deep trouble and knows it. Will be interesting to see what actions the judge takes for TM to release its paperwork in which it promised CLYW that if it tried CLYW's patent it wouldn't steal it.
March 4, 2013.
You related to Downsideup?
Unless no one on the jury has ever used a car radio, TM loses.
My understanding is that if the jury finds that TM deliberately infringed on just one part of the patent, TM can be found to have violated the entire patent. Plus damages. Treble.
"We did not infringe on the 923 patent. And if we did, it isn't a defendable patent anyway. And even if it is a defendable patent, everyone else is using it, too. And even if everyone is not using it too, it is the result of prior art. And even if it is not the result of prior art, it is too vague. And even if it is not too vague to defend, its features are those we came to on our own without any knowledge of the patent or potential infringement. And even if we we did have knowledge of the patent and knew the features mirrored those of the patent, we never entered into an agreement with CLYW to examine and then market the patent with their approval. And even if we knowingly violated an agreement with Calypso to market the patent, it isn't worth much money anyway. And even if it is worth a lot of money, Calypso never had the capability of marketing it themselves. And even if Calypso had the capability of marketing it themselves... Say! What about those Red Socks! So we demand the case be dismissed!
Owning the patent is far more valuable than simply killing it. Remember, eight years of all cell companies owing back licensing and penalties. Yes, that is definitely 11-figure land.
It is my understanding that CLYW is claiming 30 separate infringements by TM based upon the patent. We have to win one -- just one -- for the jury to find for us against TM. No wonder money is starting to look for shares.
I also called my broker and got different information. Intercontinental Transfer is owed a lot by CLYW and will not transfer any shares until it is paid. Your shares are in your account as place-holders at par value (0.001 cents). However, a private contract between seller and buyer is valid under whatever terms are agreed upon.
By close of business today, it will be 54 days and no Markman from a judge whose median time to issue is 28 days. What the heck is going on?
A Markman delay of this sort is significant. In five days it will set a record for lateness by this judge. who has ruled on hundreds is not thousands of these cases. The case simply isn't that complicated, as he showed by issuing his preliminary in one day. The potential money for CLYW enormous. TM is running scared. The juries in this Texas court have ruled 83% of the time for the plaintiff in these infringement cases. With treble damages for willful infringement, we are talking 10 or eleven figures in damages.
That said, I believe we will see a settlement offer at the time of jury selection. Whether refusing it and continuing to trial is the better strategy -- who knows?
Not I. In since 2004, average pps pennies. Trying to keep my cool.
53 days since the Markman hearing and no final Markman. Judge's longest delay is 57 days; median is 28 days. Something is definitely going-on behind the scenes. But what?