There is a burden of proof thing going on but I read the original filing and I know certain facts*:
1) Drago agreed to have nothing to do with the management of the Patents
2) The management of the patent was the sole operation of the company
3) He was intimately involved with the company management from day 1 of 2008
4) His wife was on the Board
5) Daic was at all times aware of the operations and decisions of the company.
6) Daic negotiated the settlement with Pattin and his "superiors"
7) A "suggestion" of a creditor that proclaims at any time he can take the patent is NOT merely a "suggestion". It is a threat, implied or direct.
8) I see no letter from Daic whereupon he said "you had better do the Acacia deal or have some way of paying me."
9) I see no letter from Daic whereupon he said "Suing T-Mobile will take years and you have to pay me in a month"
10 I see no letter from Daic whereupon he says Calypso had "better take the loan because he needs to be paid".
What I see is Daic watching and participating in everything and "letting the default occur" assumably because he didn't want to get involved... Yet after he insisted he be involved (HUH?)
Sorry, there is NO way IMO that a judge or jury will allow a default under those conditions. These are fundamental parts of the law. "laches", "Mitigation of Damages", "estoppel" etc. And all of these assume no interferences
Now, start talking about the interferences shown in the complaint......
There is ONE fact that cannot be denied.....Daic refused to allow Calypso to name him in the lawsuit against T-Mobile until such time as the agreement was again in alleged default -- 6 MONTHS! And he did this to keep Calypso from settling with T-Mobile and being able to pay him. That is the SOLE REASON. Can you even speculate any other reason he would do it in your "Devils Advocate" position? He agreed in the 2008 agreement SPECIFICALLY to not do this, FOR THE VERY REASON HE DID IT! He ALWAYS controlled the management of the Patent, for a time he was willing to let the shareholders pay for doing all of the work before he took it is all, as long as he controlled it.
Even when he signed the alleged 2009 agreement, it gave him the very control he had already taken and Calypso was again powerless.
Calypso has NEVER been able to manage the patent, the SOLE issue of the 2008 agreement.
Daic needs to go to Jail AFTER he pays us everything he and his benefactors have to their names IMO.
* BUT --- I AM NOT A LAWYER!
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