Just my opinion, but Calypso has standing in almost any variation on the scenario you can think of. They owned the patent outright before the Diac Suit. They owned a portion of it after the agreement that ended the suit. Diac could assign his portion of the patent, but only his portion. And, as a party claiming rights to the patent, Calypso is a party with an interest in the litigation. All this is assuming that Diac never fulfills his part of the bargain until he (hopefully) looses all rights in the state court action.
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