I don't have a problem with pessimism if there is some explanation as to how they developed the pessimistic viewpoint. I have not seen any of the negative posters put out any information as to why they believe what they believe. All they want to do is bash others ideas. Other pessimist have told us that Tmob will never settle, doesn't need to settle and we are throwing our money away. So why are we currently past the 90 day stay and there has been no filing indicating Calypso was told to take a hike. Does that mean that Tmob agreed to extend another 30 or 60 days to then tell Calypso to take a hike ? Does it mean they are just stalling, hoping the case will go away ? Give me an idea I can figure in my analysis of the current situation.
For those that have an idea of how the Fed court works and have seen prior events take place, I think we can say that once the stay ran out after 90 days, a filing was required and due that day if no deal was a possibility. From that we then have to assume other events, since we have no definite details of whats going on. This is when you have to get into the possibilities and analyze the current situation. We have been told by one of our posters that contacted the Fed court that a judge has the leeway to authorize a verbal extension to the stay. We also can assume reasonably that since both parties had to agree to an extension to the stay, that the parties were extending because they felt it was beneficial to continue discussions toward a settlement or agreement. We know that Calypso would like to make a deal of some type and get a licensing agreement with someone, anyone. We know that if the Fed case resumes the Claim Construction and Markman Hearing are on the agenda within a couple of months. Both of these are significant events for a patent infringement case. We know that Tmob has had plenty of time to discuss with their engineers, experts and attorneys whether they believe they have a chance of winning the case if it goes forward. Had they figured they could win it without question they would have said "We aren't cutting a deal" prior to the 90 day stay ending. Since that did not happen we have to assume they have been talking about settlement. We had a poster saying he talked with one of the BOD and they were "hot and heavy". We don't really know what that means, but it sounds like someone is discussing something related to Tmob. So we can now assume there are discussions going on. What we don't know is if Tmob has to get approval from DT or whether any agreement with Calypso would include DT and how long that might take. Does Tmob think the state case is a hindrance, we don't know that. Will Tmob end up settling with Calypso? I don't think you continue discussions with a willing participant and not settle, but it is not certain. I think Calypso will give them all of the opportunity to settle that they can reasonably afford. If Tmob doesn't settle are they willing to go to trial and lose ? They have plenty of money and can fight this case as long as the judge allows it to go, which normally is two years based on their Local Rules. This case has been in the court since Nov 2008, a little over two years. Will the judge be happy if Tmob takes this much time and does not settle, I don't think so. Does it really matter what the judge thinks, in some respects yes because it is his court. Do companies with lots of cash lose patent infringement cases, yes they do. So what exactly are Calypso and Tmob doing ? We don't know that, but we can assume they are trying to reach a deal and Calypso has not been told yet that Tmob is not settling. That can change at any point, but the longer it goes the more likely it becomes a reality. Sometimes deals fall apart at the last minute. I am personally more convinced now than before the 90 day stay that a deal will be made. During the stay it was 50/50, now in my opinion it is higher in favor of settlement. Given the fact that Tmob is controlled by DT and we have the state case out there, the situation is a little more complicated and requires extra scrutiny from several parties.
So why would Tmob not settle ? They have plenty of money and can keep this in the court forever. Not so. The court will not allow it.
They have plenty of money and aren't worried about losing. I don't believe that because their liabilities could be much larger if they lose than any settlement Calypso could offer right now.
They don't believe the patent is valid. I don't believe this because they've had two years and plenty of help from experts to determine whether they think they can win.
They are stalling and don't intend to settle. Tmob might give Calypso 90 days if Calypso wants it, but I don't think they agree to extend the stay without some possibility of settlement. The judge would require more validation of good faith efforts being conducted to extend the stay. Probably something along the order of how far along they were, what they needed to accomplish and how much more time they needed to finish their negotiations etc based on those items they needed to accomplish.
(We is used in place of what I think.) Sorry it's so long.
The Pessimist would say, reality is, we don't know anything and Tmob hasn't settled. I don't make my decisions based on that kind of reality.
