Agreed. It has to be before the T-Mobile case. Besides, one of T-Mobile's defenses is that no single party represents the owners of the patent and therefore this case cannot proceed since T-mobile cannot be sure it will not be brought into court again by another party in interest or "owner" of the patent. Ownership of the intellectual property needs to be clearly decided. I think once that is decided T-Mobile will be more willing to cut a deal.