You seriously think Tmob will follow through with a settlement with CLYW if the state case is not settled? Come on I thought you were smarter than that. It is mentioned in the stay about ownership dispute over patent-in-suit. This will be extended past the state case.
EMERGENCY JOINT UNOPPOSED MOTION TO STAY THE CASE FOR 90 DAYS
Plaintiff Calypso Wireless, Inc. (“Calypso”) and Defendant T-Mobile USA, Inc. (“T-Mobile”), by and through their respective attorneys, respectfully submit this Emergency Joint Unopposed Motion to Stay the Case for 90-Days. Due to impending Markman deadlines, (D.I. 132), the parties will incur significant expenses in litigating this case over the next three months. At the same time, a trial currently scheduled for November in state court will resolve the ownership dispute between the Plaintiffs over the patent-in-suit. The movants believe in good faith that a 90-day stay will permit them to resolve this case fully without further litigation, and accordingly respectfully request that the Court grant this motion for a 90-day stay, showing as follows:
