It's really pretty exciting to see the Markman hearing scheduled only 4 months away. And it will probably take the judge a couple of months to write his decision. Both parties have indicated the Markman hearing date was fine with them. Let's hope the judge has had enough of this case and doesn't allow extensions. That will most likely be a decision that determines our fate. If the judge comes down on Calypso's side, we could stand to gain a whole lot more than peanuts. So here is the plan, the case procedes to the Markman hearing, the judge rules in calypso's favor, calypso then negotiates a higher settlement offer. The patent is then worth 10-100 times more money than without the Markman Hearing. The receiver then settles the Tmob case and proceedes with an auction. The case makes national news and all of the cell/tech companies sign on for the patent auction. This is really how we get the most money. What it will take is a law firm willing to work for payment later. If the receiver can make that happen we could be in the money. If the receiver decides to settle before the Markman hearing, we may not derive as much money from a settlement or the patent. I believe the receiver knows that and since Calypso doesn't have unelected management there to muck things up, I think we have a good shot at making something. The receiver also has the opportunity to evaluate whether he thinks the patent has validity and if that is the case, he may chose to go through the Markman hearing and not settle prior to.
I might add that a settlement could include a lump sum amount for past amd future use. So rather than a specific licensing agreement to be paid out over several years, Tmob could make a lump sum payment for future use, thus ensuring them that even if they don't win the patent at auction, they still have the right to use it without fear of another lawsuit. This is where the money part of this thing kicks in. Of course Tmob could wait until the trial is over and gamble as to whether the jury might be lenient in their monetary award, not a good idea. After the trial, it really is about how much they have to pay. Keep in mind, with this strategy, Tmob does not have a chance to buy the patent until the case is over. The receiver already said the case could continue until finished, so there is no rush to sell the patent. (a positive for us) Of course it may take Tmob out of the bidding, unless they feel they could then sue other infringers and get their money back. I see a lot of exciting possibilities.
So you don't think I'm completely off my rocker, you also have to consider. If the case goes through the Markman hearing and the judge does not find in Calypso's favor, I don't think we get much for the patent and probably nothing if the case were to go through trial. Tmob might not even make a settlement offer.
So this is where the receiver makes us money. Evaluating the likelyhood of getting a favorable ruling from the Markman hearing and deciding whether some money is better than none. I think you always go for some rather than none, but you have to figure your odds of winning before you make that decision. I'm glad I'm on board.
AI
