Logic would support T-Mobile being aware of the demonstration as Calypso was trying to license the IP. Now if they signed a nondisclosure and then developed their own system is what the courts are being asked to resolve.
Since I was not there I cannot answer that definitively. However, the PR states that the field trial was performed with “T-MOBILE”. Most field trials or new product demonstrations are done with the carrier’s knowledge because special provisioning privileges have to be setup in the switch. IT’S NEVER TRANSPARENET TO THE CARRIER! IMHO it does seem that T-Mobile had full knowledge of the field trial, the patent, and willfully infringed on it. But that’s just my opinion.
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