I agree they will wait until the case clarifying ownership of the patent is decided. I see absolutely no reason why they would sign before then. However, I think the case against them is fairly strong. They never even denied that they were using the patent, they simply said that you don't have standing because you have not joined all the real parties in interest and that your patent is unenforceable. I think they know they are in trouble because they are tied to a company that saw the technology under a black box agreement. Hard for them to argue that their work is unique.
I also believe that it is in their best interest to see Calypso win. Who would you rather deal with in the long run?
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