Maybe, but I remember T-Mobile's answer to our filings and they never denied using the patent. They raised a number of legal issues regarding the validity and ownership of the patent.
Now, we have screwed the pooch, and they can always amend their filings, but the fact they never said we are not using it I felt was very telling.
In addition, it would appear that they obtained the technology in breach of a black-box agreement where we demonstrated the patent to a third party and they then copied it.
Of course, we would have to prove this, but I think we are in much better shape legally than many might think. At a minimum we need to shop the litigation around to a few contingency lawyers. They can provide a good feel for whether it is worth the fight since they will be sharing the risk.
I feel Storm needs to be dropped if for not other reason than his performance at the forum making public statements on the State case. His pronouncements that we would lose even if we won the litigation was completely inappropriate considering the litigation has not yet been completed. That kind of help we don't need.
