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Re: threeorangewhips post# 40640

Thursday, 12/30/2010 11:07:46 AM

Thursday, December 30, 2010 11:07:46 AM

Post# of 60937
Hasn't the ownership situation been negated as far as holding up the T-Mobile case? If you read the filings and press releases, CLYW is in control of the case against T-Mobile, as the Daic parties have agreed (see below). Am I missing a subsequent filing, statement or something else that makes the below out of date or wrong?

CLYW in control v T-Mobile?

Calypso Wireless Inc.’s Update Regarding Patent Infringement Suit Against TMobile
USA, Inc.


HOUSTON, Tex., March 17, 2009 – Calypso Wireless, Inc. (CLYW.PK), a researcher, designer, marketer and licensor of Fixed Mobile Convergence (“FMC”) technology, today issued the following update regarding its pending patent infringement complaint (Case 2:08-cv-00441) against T-Mobile USA, Inc. (“T-Mobile”) the mobile communications operating subsidiary of Deutsche Telekom AG (NYSE: DT) in The United States District Court for the Eastern District of Texas, Marshall Division in Marshall, Texas. The case relates to the alleged infringement of U.S. Patent 6,680,923 (the ‘923 Patent).

“The ‘923 Patent is an important and valuable asset of Calypso,” stated Richard Pattin, president of Calypso “there were several agreements and prior legal orders that related to the ownership of the ‘923 Patent, and we determined it was in the best interests of all concerned to clarify that ownership structure, especially as we anticipate future license agreements, and, if necessary, additional infringement cases.”

Further to that goal, Williams Kherkher amended the pending T-Mobile case to include Drago Daic as a plaintiff. “We’ve added Drago Daic so there is no legal issue with standing to slow up the case” explained Armistead “Armi” Easterby, attorney-in-charge for Calypso. “We had already looked at this issue in great detail, and ultimately felt the best course of action was to simply add Mr. Daic as a party rather than engage in time-consuming motion practice with T-Mobile.” Easterby continued with “we believe this amendment will effectively neutralize any possibility of T-Mobile filing a motion to dismiss based on ownership of the ‘923 Patent.”

Mr. Daic’s attorney, Jimmy Williamson, P.C., was not added to the Complaint, and is in the process of assigning ownership in the ‘923 Patent back to Calypso. It is anticipated this will be completed within the next ten days, with the final agreements to be filed at the USPTO.

“Calypso’s management will continue to make the decisions on this case, and future licensing agreements and court cases stated Mr. Pattin, It also does not change Calypso’s fee agreement with Williams Kherkher.”

Mr. Easterby concluded with “we are happy to get the ownership issues clarified and behind us so we can focus on the merits of this case.”

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