that tmobile has been smoked, SH's account of Payne is no nonsense all the way, some might recall payne came down on rambus's spoilation a problem that plagues them to this day.
on the flip side, it may be that Payne will come down on tmobile w/ plain common sense definitions that at once make the patent appear as non-obvious as tmobile's infringment is obvious
if i could see the court thinking based on the report, i'd say that it may be that we will get just that--and if so, the skys the limit and we will get our injunction
further, my take is that the court is truly preparing for trial, they don't see a settlement nor will they push one. I think that there are big opportunities for the court to make breakthroughs in patent law but further, since calypso's original calypso shareholders are still entitled to their fair share, this is very different from NTP's situation where origial shareholders were cut out because of shady dealings and a BK that left them high and dry. Here, with the Deleware court actually mandating "maximization" the federal court will not pressure the parties to settle in the traditional prefunctory manner.
more and more i think laster did have hunch of the value of 923 and wanted shareholders to get the fair shake they deserved--a fair shake that only a reciever could provide.
