its funny you should mention investment concidering my last reply, so i'll add its maybe just as ironic (or will hopefully turn out that way in the end) that a huge blue chip bell weather of a company would consider such a risk reward ratio. I'm sure for years they touted themselves as great relative to us being fools because we would entertain such a risk reward ratio as the basis of our investment. One could say, revenues asside, that tmobile should be decomissioned as a company in the court of chancery as well for trying to pull such a scam---chuckle chuckle...you never know

that truly is the case, the judge has no doubt about tmobile's ability to continue the case as a going concern, and likewise at this point the same goes for his perception of calypso's ability (which is somewhat ironic)

tmobile is grasping at straws and the court can go down very hard on those that do--in the end i think the court will say nothing tmobile has ever said in their defense will apply, as for heads rolling at tmobile--i think they already have

yup, litigate the matter to a conclusion -- this is the kind of parade / tailgait party that you bring your mobile home to--time to kick back smell the roses and break out the bbq

DRAGO: TMOBILE HAS HUNG ITSELF W/ ITS RIPOFF POLICY AND SHOWS THAT THE CONSUMER IS THE SECONDARY PRIORITY IN THEIR INFRINGMENT PLAN--FIRST AND FORMOST IS MAKING SURE THE PHONE SWITCHES TO WIFI SEAMLESSLY SO THAT THE CUSTOMER WILL NOT NOTICE THAT THEY COULD BE GETING A CHEAPER RATE ON THEIR MINUTES--BILLING RATE TO THE CUSTOMER REMAINS THE SAME, BUT TMOBLES PROFITS MORE THAN trebble ;) since the direct beneficiary is tmobile and not the customer in this case, tmobile is the primary market for asnap, on the flip side they do give the customer a break if they initiate the call at home--in that case the primary beneficiary of tmobiles policy is the cutomer. Since the customer could not implement asnap themselves and since there are two primary consumer bases being implimented in the same plan tmobile has such an incentive provided by the fact that asnap was market to them so that they could save money and so that business could save money -- this is the appoach that hangs tmobie

its tricky though, i'm not sure he whold every acknowlege such as it just might be grounds for an appeal.

drago: TO MAKE IT PERFECTLY CLEAR, BY JERKING THE CONSUMER IN THE HOMEBOUND SEAMLESS HANDOFF BILLING POLICY TMOBILE TIPS IT HAND AS TO WHO THE PRIMARY CONSUMER IS!

DRAGO, tmobile is a direct customer of ASNAP, they benefit directly from using the technology, the so called "mass consumer" is secondary, tmobiles implementation is proof of that--why else would they force the user to hang up when they get home after the handoff in order to get the cheapest rate--its clear by theyre strategy that tmobile is not selling what we "could have made" to the customer. no no no!, they are stealing what we have made and using it directly for themselves

did you hear that DRAGO--make sure your people get this straight!!

obviously--further, drago plans on full litigation--he knows full well this case is worth billions, calypso's scuffle w/ them was just a drop in the bucket compared w/ the fight that is planned against tmobile--this is exactly what will secure my retirement--a long drawn out battle to the bitter end w/ the biggest pot at the end of the rainbow that one can imagine

the fact is, long though it may be, its going to be over for tmobile a lot sooner than they think!!!

like i said about 2 to 3 years and tmobile will be writing over their escrow check, then less than a year till we get our initial share

as for marketing, that's bs, we did market it to tmobile, nothing says we had to go to the consumer directly, our "consumer" is tmobile and the other carriers--there is not just one form of monitization of the technology--this is not a simple widget

I agree its a little hazy, the reason is that there are several approaches and it may be that prior to "scheduled" trial, you can have a summary judgement and / or an injunction.

i believe that a win for calypso and injunction would in some ways include the power of a summary judgement--though its a bit murky, going the other way a win for tmobile on a summary judgement would probably make it harder to file an injunction? but an injunction would not be equivalent to summary judgement for tmobile...

frankly, im sure this will leave all the pundits scratching their heads saying "no wait its always like this" but then after they post they will realize they are confused--rather than doing that i decided to go straight to the confused part

:)

lol, how true how true--deliver us from the medless crazies

where are you gettin all of this? where does it say diac gets expenses? where does it say the reciever cut a deal w/ the attorneys? If i were the reciever i'd have done nothing but moved to auction off the patent untill a bevy of lawyers came in with a freebie. There is no deal that makes any business sense, none. this gets back to cutting the baby in half, in this case saying it will be auctioned is the equivalent to find out how much daic and company are willing to put into the effort.

the reciever's power is self potentiating, the harder you push the harder he is capible of pushing back, initially it seems only just enough, push harder it still is "just enough" to deflect whatever is being put out.

as for hard pressed, yes, but that's a different hard pressed, in that case, its all about the benjamin's--got enough of them coming in and people will start to think differently.

in the end its just business--understanding business is knowing why you first waste your punches before you take it a step further.

well, a plaintiff could, doesnt mean that's the case for calypso--but one's man's case is another man's nuisance, in the end the court will have to decide who is correct?

ducks in a row--!!! ...yes but why would they bother all of the sudden? its been nearly 40 days? something is going on...and i think i like it very much.

40 days and then the olive branch?

that would be sweet indeed...

on one hand i don't have a clue, but injunctions come into a different area of law, i forget the two words at the moment--id have to seard...ah the word is "equity" an injunction comes under the "equity" branch--its totally different from the other more common branch in which 99 percent of court processes occur. an injunction is an "equity" action, so it stands alone it needs no case it is the fullness of what it is in and of itself. If the court has already ruled that they infringed but has given notice that it will be a few more weeks for the decision to come out, this is the perfect thing to do--what its doing is setting up for the possibility that the judge will stay the injunction prior to trial--given that this is a possibility given the limited information that both parties might have already recieved an injunction is the best move for several reasons, 1, it keeps the pressure on tmobile, 2 it re-iterates the damage done to calypso is ongoing and relief is needed 3 if matiews did it, he knows this will not upset the eastern district, but rather will allow them to tip towards an injunction sooner than later. 4 even if it doesn't it winds up being an interloquitory motion relative to trial--for more things to be hashed out regarding the definitions, may give another avenue to some preliminary discovery including additional interrogatories--further they might be able to get the 1.6 billion into escrow from the metro pcs deal since tmobile has already admitted to having it readilly available :)

i some respects i agree, i would be nice to put it to rest, but that is not an attitude that will gain traction w/ the court in maximizing the return to shareholders--just remember that when turinni and pierce agreed w/ laster in their appeal his responsed was "[ok so you agree that its best to have the screws put to you-- all the more reason to deney your request]"--good lawyers are involved now, that will not be a trap they fall into...

I agree, it is repairable, including lasters decision, the reciever NEVER delisted the stock it happened without him rendering an opinion--this is in calypso's favor

that the court validates the patent--this is in calypso's favor

that companies have "exited recievership" --this is in calypso's favor

further according to wikipedia:

"While all eight justices (Justice Alito did not participate) joined the majority opinion penned by Justice Thomas which stated that there should be no general rule as to when an injunction should issue in a patent case, there were two concurring opinions with three and four justices respectively, setting out suggested guidelines for granting injunctions.

Chief Justice Roberts wrote a concurring opinion, joined by Justices Scalia and Ginsburg, pointing out that from "at least the early 19th century, courts have granted injunctive relief upon a finding of infringement in the vast majority of patent cases," by applying the four-factor test."

trust me, mathiews knows and would have never taken this case if it could not meet the 4 factor test--infact my gut says calypso totally eclipses it and that they had a nda is proof


bottom line is the supreme court will never hear to reverse the upcomming injunction because its already been heard--all of tmobiles actions thus far have been frivolus and an injunction will shout that out loud and clear!

well we will see how they define it--some times these injunctions come almost in pairs--i think they are in talks right now and tmobile has lost they judge has given them the heads up--giving them a chance to settle, the metro pc deal is no coincidence, tmobile's dual purpose is to use it as a benchmark to cap calypso's damages as by means of comparison--clearly (to me) its clear now that drago wants more than 1.5 billion

i think its possible that we have our injunction informally, and that the infringment is so heinous that they believe that the court will order a royalty as part of the damages, a settlement will be forced by the court now, there will be no trial, we are all rich

--yeah right!

but then again maybe...

i think it will be clear, the reciever is now "calypso wireless", and we are just beginning our relationship with him, a first payout is just the beginning...but there is some serious muscle needed yet by the court... it will come

what did the reciever letter to tmobile say about delaware proceedures?

what is the right thing? to simply cut us a check?

you keep missing the point that money is antibiotics, surgery, and steroids all rolled into one

"I don't know anyone currently involved with the company that I would trust enough even if the SEC stuff was not an issue"

so the recievers credentials of who's who in business..., corporate goveranace, etc is not to be trusted?

i guess its human nature to expect that if the reciever is trusted w/ a billion dollar settlement that his business judgement dictates that he blindly cut us all a check?

people, the reciever is a powerhouse and is easily qualified to run the country let alone a little pup like calypso.

i saw one back in feb / mar when i was looking it up, i think it was some kind of materials trust, lots of assets, it took about 6 years in recievership if i remember correctly there after it fully emerged

like the other poster said, companies rarely (but do) "exit recievership", they usually have some kind of asset w/ otherwise no operations

for example, if in the process of winding down a gold mine they hit another vein? the original projections were wrong, crap like this happens, likewise is possible w/ 923, trust me, laster was convinced the company was backed by a patent that did not justify the market cap of the company such a company is a SCAM by definition and need to be shut down if avails itself to a business court--that's just simple business sense, there is no reason for laster to believe any directors and a priori, no matter how unsavory drago's operations were, would never be able to speculate that drago was doing a land grab--he defered to tmobile who and heard them loud and clear say that the patent had nucense value only

business sense vs legal sense are two very different animals the killing off of a company is a serious matter just like that of a person, their are stays of execution, calypso (not the directors) is proven innocent if the patent is proven and there is an order saying everyone is rich

if there was even a scintilla of truth to what you say, there would already be an auction, clearly this is NOT the norm, clearly this is NOT to be expected, but is this prescident setting? hardly because if it were it would be in the news that the reciever refused to follow the court order and hold an auction,

if you hold laster to a decision that he made and say that he is incapible of considering new facts you are selling the office his power and his capibility as a thinker very very short

the reciever has made it clear, the timeline is 3 years and that is appealable, surely at 3 years if they say than in the process of disolving the company a new all time huge vien of gold has been discovered and that every expert on earth concurs and that it would be foolish to just sell it off since a) the company is no longer insolvent and b) there is money to be made...

business sense is about making money, and money trumps just about everything...

for a business money is akin to innocence

do a full text search at sec you will find a case if you look hard enough, its also possible on google,

I realize europe is not wide open for us, its wide open for daic, that is what i ment, as for winding things down, remember this is business law, and the judge specifically is calling upon the reciever to use his business sense.

what exactly is business sense? i say its smelling bs, sticking to conventional valuation methodology, AND changing midstream if a better opportunity arrises, that's why both deals w/ sprint and metro pcs are not done deals, business sense dictates that they need to wait for another offer.

originally laster's position was "going once, going twice, sold", drago steped in mid stream of that micromoment and realized he'd lose everthing--trust me the reciever has way more power than an auctioneer, that we are in a markman proves that, his business sense will dictate every move, liquidation or re-instatement, that's what business sense is and if the patent is proven to be worth billions my definition--not yours will prevail!

right but once clyw prevails over tmobile then europa becomes wide open

odd coincidence? 70 ownership DT of METRO PCS and now 70 percent deal w/ a korean company of sprint

2 foreign companies each going for 70 % ownership in their respective deals?

a 70 % rule? or is there something more too it?

Burning Question RE Markman Attendance...

was anyone from dewine there?

that is fair to say yes or no since that does not single anyone out, if it is true then what does that say about things? what does it say if its true and someone doesn't want it posted on IHUB?

just because laster bothered to acknowledge daic doesn't mean he'll have any more time for him than he did for williams

but once people have grandiose notions all to often they prevail in every thought and deed until somone is kicked to the curb

in short, i don't think listing drago as a "natural bidder" was a good thing for daic--certainly hasn't proven the case thus far for tmobile

lets get that injunction, then we're talking turkey, overall, anything good is only going to strenghten shareholders hands, if drago is smart he'll align himself with us all the way and save himself any further trouble--sure its going to nag him that he doesn't have it all but in theory he's dealing w/ a reciever that appears to have a superior intellect and after a certain number of failures at trying to fool the reciever something is going to give, either it will be drago or drago's image--it won't be the reciever

we will see

well if he gets a billion at 28 percent and wants the remaining, considering we originally owed about 3 M over 5 years at less than 20 percent he'd have to convince the reciever that he's entitled to over 100,000% interest--that ain't ever going to happen

on the other hand if drago is a bozo and and settles for peanuts so that wikipedia can cited the dozens of analysts that say he was a total idiot then there is not much we can do except hope that its still close to 100 Million

at some point the settlement offer may be what daic expects the
court to give him...

knowing diac, it will have to be on the order of several billion

as for those that are after daic, i just don't think a back to the
future "mcfly" ending where diac (biff) washes everyone's car
is in the cards

but maybe i'll look into a vintage delaurian once this all shakes
out...

it doesn't matter, tmobile knows what it knows and in the end they have nothing on diac because if they did we never would have even had a markman

drago is as drago does but now only to the reciever, on the surface it appears that drago NOW is doing some good, for his sake however, its in his best interests--not w/ tmobile--but w/ the reciever to NOT entice the reciever to look beyond anything that he is doing good now.

Why test the reciever's power? Even if he has only a small advantage its almost certain that if put to the test it will snowball

lets just all get along, whip tmobile, and hope / pray that things turn out to reward us all!

the "pure inventor" sans businessman, depending on the invention, has the potential for missing what's best about an invention, Leon clearly did not make that mistake

its analagous to the difference between the commandments and much of the rest of the bible, some things are ushered in quietly while others are to be seared into our hearts like the bolt of lightning in which they were delivered

If someone would have done something dramatic on 9/11 to clear out the twin towers a good hour before the first plane strike they deserve infinitely more recognition that the one that sits around saying i told you so

in the end the court doesn't just reward calypso for the invention but moreover for the impact that it has made

what if no one would have figured out whether penicillin was safe for most humans? or that cheaper cars could be build on assembly lines?

'923 is pure un-bridaled entrepreneurship that has been sucessfully delivered to telco--now its time for them to pay

true, im just talking about pre-trial "court" costs--and lets not forget about the countless dollars spent by shareholders on getting front row seats

I know its been hard, and at times, myself included, one looks at some of the technical jargon and past patents refered to by tmobile etc and our hearts start to sink. In the end its the coupling with the business aspect to the viscinity that super womps the erickson quality of service issue. quality of service simply does not contemplate the value of clustering backhaul into a process meaningfull to both the user and the carrier alike

like dsu, i agree that calypso owns seamless roaming, not because quality of service doesn't make sense but because targeting a vicinity to cut costs makes infinitely more sense.

In the end, i believe the judge will give an injunction and admonish tmobile for being so uncooperative with calypso, it will not matter if this was simply blind oversight or insidious conniving and because tmobile posessed the power to get it right all along they will be taken to task in the fullest possible way

trebble damages is a given

well it looks like (as a wild guess...) just to get this to trial the court costs alone will be at least $200,000.00

things are happening!

"me thinks you doth protest too much", that could be the only thing that gets him to look at things that otherwise he'd easily overlook