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46 days and counting. Judge's range in issuing a decision is from 1 to 57 days. Median is 28 days; his maximum is 57 days. Something exceptional is going-on behind the scenes.
That implies he will make changes from what he ruled in the preliminary results. Better for us or worse?
Let me reiterate: the continued lack of the final Markman more and more suggests that there is a lot of activity going on behind the scenes.
I see no connection between a matter of law (definitions) as determined by the judge in writing the Markman and any mediation events that may have been occurring in the meantime.
1. Where can one read this report?
2. A $300 billion judgment with treble damages seems a little rich.
Seems low, but don't forget treble damages per the jury.
>>I just know something big is going to happen.
SOMETHING is going on. It's been 44 days since the next-day preliminary judgment from a judge who has a median time for a final judgment of 28 days and a maximum of 57 days. I believe there is severe thrashing going on behind the scenes.
What happens to our shares held by a broker if that brokerage goes out of business?
I find more troubling the lack of a final Markman. It's been 44 days; the judge's median time to issue a final is 28.5 days. He's pushing his previous longest wait of 57 days. Something is going on behind the scenes.
You know, we may discover that the BOC issued millions more of off-the-books shares than we now know. Would explain a lot.
Here's an interesting question: what penalty would be imposed upon a shorter who winds-up owing $100K or $500K on an de-listed stock and refuses to pay and has only CLYW in his account? Would they still be on the hook?
Thanks for the explanation.
Thanks.
I'm confused. I thought the Markman validated the patent and the TM trial was to access damages. If I understand you, the TM trial is to validate the patent and then we have to continue to yet another trial sometime down the road to assess damages?
This has been debunked in court for decades. In the 1940s, science fiction author Arthur C. Clarke wrote about geosynchronous satellites in 22,300 mile orbits being used for communications by bouncing radio and TV signals to anyplace on Earth. That happened, of course, but Clarke never received any patent or rights to the idea. Dozens of other similar cases exist. The Wrights spent ten years trying to patent the airplane, and in doing so, let themselves fall behind competitors like Curtis. TM IS getting desperate. Next, they'll claim that since Tesla invented radio, his family should own the 923 patent.
His median time for a final Markman is 28.5 days. We just hit 40.
I appreciate that, so far, at least, TM is clearly on the defensive. An eight hour mediation meeting is more evidence that TM is scared. TM spent an entire day trying to settle this case before trial. Of course, because Skippy has had no communications with us owners, we don't know what TM offered and Daic refused. Knowing Daic, he certainly demanded ten figures.
>>And still no final Markman.
Strongly suggests much thrashing about behind the scenes. But by whom?
I've been in since early 2004. While my average pps is just a few cents now (2012), at that point it was about $2.00 as best I can remember. I believe the pps briefly went to $6.04 in late 2004 before crashing back down again. I had very few shares at that point and so didn't sell. Kept buying at pennies for the next eight years. I believe the next bump was to about 18 cents in late 2010 upon the rumor of a settlement with Daic and the BOC. I believe that had the stock remained trading, today the price would be $1.50. Caveat emptor.
Disagree. I see nothing in the judge's order granting Daic any reimbursement for his costs in litigating this with TM. I see that being applied only to Skippy. Daic is strictly on his own. This suggests that Daic's estimate of potential winnings is immense.
BZZZTT! Wrong! CLYW stock was de-certified from being traded on a stock exchange but it remains. If you had any you'd see on your monthly brokerage statement that it sits there in your account as the number of shares you had when trading stopped at par value ($0.001). It means we still own the company. Once we win the TM trial and the receiver sells the patent, that total money, less what is owned legitimate creditors, will go to us owners.
It's my recollection that you have previously posted your false claim. Are you, perhaps, trying to privately buy some of this stock for yourself?
As the company's owners, aren't we supposed to have access to the mediation transcript?
ALLEGED receiver. Receivers are bound to communicate with owners.
This brings-up a key, unanswered question: how were the Board of Crooks allowed to become directors of CLYW? Who in authority appointed them? Under what rules governing Delaware corporations and SEC-registered companies? Were they ever legitimate?
Real people communicate with the outside world. Skippy hasn't. I know of no other business receivership in which the owners have received zero communications.
Incentive for Daic? I'd say so. I believe the prior estimate here on this board is that the patent could be worth as much as $10 billion, not counting back licensing fees, plus damages.
>>Validating 923 has to occur, now... just to prevent that additional attempted theft from succeeding in implementation... or there will be additional irreparable harm done...
Yes. The continuing silence of the judge regarding the final Markman is enough to raise the Red Flag of Paranoia, isn't it?
>>CLYW was hijacked by sociopathic criminals early on... and, while they were finally defeated, any still holding shares now are damned lucky to have escaped being wiped out...
Skippy has yet to indicate -- if he exists -- whether he will allow the crooks to keep their gifted shares.
The BOC was left in place but powerless by the February receivership. Isn't there a condition in the articles of incorporation that requires a BOC meeting every so often?
Skippy has failed to indicate whether he -- if he really exists -- will honor either the 2008 or 2011 felonious "settlements."
Is there a special fast schedule regarding injunctive relief? How can they hope to have a trial in less than three or four years?
The judge's lateness record is 57 days. Maybe he's looking for a new record with CLYW.
Devils' Advocate: could not a plaintiff file for a nuisance injunction just to pressure a defendant to settle?
I believe the "three year" issue relates to the time, under Delaware law, that a company has to finalize its affairs after it is declared bankrupt. CLYW is not in this position.
I do not believe the receiver will honor the outrageous Dec 2011 "settlement" in which our illegitimate BOC gave Daic 28% of a TM judgment plus the entire non-US world patent.
What we DO need to track is Daic's likely trying to separate himself from we other stockholders so that he can get a fortune and leave us penniless. Don't laugh.
You need to distinguish between costs. To get this case to court will have cost several thousand dollars. To prepare each side for this case will cost hundreds of thousands of dollars in lawyer hours, depositions, research, and pre-trial motions. For example, a medical malpractice case preparation will cost each side $200K-$500K.
So, in summary, half of you think that Skippy is constrained by the former dishonest settlements made by the BOC and half think Skippy can pretty much write whatever rules he wants in dealing with prior settlements and court rulings. Skippy's third report to the judge is due in a few weeks. Too bad he doesn't care to let us owners know what's going on. That is, if Skippy actually exists.
>>And, in any case, it's STILL not true that the Receiver is bound by any fact or fiction in any prior "deal"... fraudulent or not.
OK. Show me where it says this in the court documentation.