Judge grants Calypso's leave to file cross-claims against Plaintiff and Cross-Defendant DRAGO DAIC (“Daic”) and third-party claims against JIMMY WILLIAMSON, P.C. (“Williamson”) (Daic and Williamson are referred to collectively herein as “D&W”) and KELLY D. STEPHENS of the Law Offices of Kelly D. Stephens (“Stephens”)(collectively “The Ownership Defendants”.
Calypso was also going to add the Baxter Patents to this but judge said no, stick with just 923 patent for now. This is a big win for Calypso.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
CALYPSO WIRELESS, INC. AND §
DRAGO DAIC §
§
vs. § CASE NO. 2:08-CV-441-TJW-CE
§
T-MOBILE USA, INC. §
ORDER
Pending before the court is the plaintiff Calypso Wireless, Inc.’s (“Calypso”) motion for leave to file second amended and supplemental complaint (Dkt. No. 88). The second amended complaint adds cross-claims against the co-plaintiff Drago Daic and third parties Jimmy Williamson, P.C. and Kelly D. Stephens. Calypso’s cross-claims seek a declaratory judgment that Calypso, not Mr. Daic, is the sole owner of several patents, including U.S. Patent No. 6,680,923 (“the ‘923 patent”), which is the patent that the defendant T-Mobile USA, Inc. is accused of infringing.
Calypso’s motion is GRANTED in part and DENIED in part. Calypso may add cross-claims asserting ownership of the ‘923 patent. But Calypso may not bring claims regarding ownership of other patents that the defendant has not allegedly infringed.
