AS I said before, i do not agree with you in many areas. You obviously have a grasp of the issues and are not uninformed, perhaps you are "over-informed".
The basic issue you present is that CLYW will never be able to prove Daic kept CLYW from performing. If so, we can thank our previous BOD and officers, for voluntarily defaulting and you are right, Daic would prevail. I adamantly disagree with this conclusion that CLYW voluntarily defaulted when it had the ACACIA deal, opportunity to negotiate with T-Mobile, ability to acquire substantial investment and opportunity to sign licensing deals. I have seen enough PUBLIC info (mostly the court filings) for that. Think how much non-public info there is.
I also disagree with your assertion that T-Mobile can unilaterally keep stringing things out, if that is their intent. They have no power to do so and if CLYW wanted to stop these talks, they can do so unilaterally at any time per the order of the court. It takes all parties to continue, it only takes one party to stop it.