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Re: Cougar6 post# 40030

Sunday, 12/12/2010 7:32:03 PM

Sunday, December 12, 2010 7:32:03 PM

Post# of 60937
I agree. They are not required to sign an agreement, but do they really need more time, I think not. Not sure what extending would do for Tmob other than keeping them from having the case move forward to the Markman Hearing. If I were Calypso I would want the case to proceed as promptly as possible toward the Markman Hearing, if Tmob is not serious about settlement. I really don't see how Tmob gets a better deal by continuing on past the Markman Hearing. Once that is held, they are in less of a bargaining position. There is the possibility of an extension, but if I was Calypso I would want to make certain that we were in the running for a settlement, not just to talk. The only way I would extend is to have paperwork finalized or something of that sort. After three months I would think you know what your possibilities are. The best thing would really be for Calypso to take this case all the way to the end and get the patent verified by the US courts. At that point, it is really not a matter of asking them to license, it is telling them how much you want, to include past damages for infringement.

I also think you are right about the current situation, nothing has really happened pointing to any reason to be negative. We are still on schedule for the state case in Feb. Depending on the Tmob news, we may be finished with that case, extending the case or proceeding toward the case continuing.

We really don't have anything different than we had prior to Sep, except the extension of the state case, which is a non-event as far as I'm concerned. In the state case we have a better situation in that the Daic parties are now not requesting turnover relief. So a positive sign.

What we have right now is the possibility of a Tmob settlement, which is more than we had in Sep. So like you say selling might be among those needing the money or that thought they could get in and make a lot of money in a few weeks. There have been a number of large blocks bought including to one insider. I also don't see any mass exodus from the stock and believe the mm's are driving the price down.

I still think the state case will not go to trial. The Daic parties have already given up turnover relief, so all they have left to negotiate is the money they are supposedly owed. They aren't getting that money unless Tmob settles, so they really have nothing to gain by continuing with the case. They have a lot to lose by continuing. I guess we'll see shortly.

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