They would owe them what was originally stated in the agreement, plus interest or the original Daic judgment amount, which they can't collect without the COURT auctioning off the patent, unless Calypso comes up with the amount in the original judgement. That would be the worst case scenario in my view and assuming Calypso didn't prevail on anything. I don't think it will happen that way.
I guess the rest is just speculation, but if they do win everything, the court auctions off the patent, if there is enough money to pay off the original judgment, the remaining money goes to Calypso's shareholders if there is any.
What happens then is the Daic parties have gotten their judgment amount with no future income from the patent. Most likely someone else like Verizon, AT&T will get the patent and license it to the other phone companies. Daic can't afford to bid against these companies and win. So Daic essentially gives up hundreds of millions of dollars because the stock he and his cohorts own would be worth nothing and he has no future money from this patent. If money is the factor in this whole thing, then getting the patent auctioned off does not get you the most amount of money. Keeping the patent with Calypso and getting the 2008 Agreement back in play is the way to maximize the amount of money they can make. It would make no sense for the Daic parties to win the case. The only way at this point for them to get their money is to have the COURT auction off the patents. As I've said before their 32+ million shares are worth far more than their judgment amount, if they will just get out of the way and let Calypso work on getting some deals and not have to defend against these agreements that have not been in Calypso's best interest. I don't think they have yet realized that the patent game is over. They may think they have a way, but I can't see where it exists. The Diac parties can't really say they want the 2008 agreement upheld without making some type of settlement agreement with Calypso, because Calypso is still in the same position of not having the money to pay them. So they either have to give Calypso an extension through some sort of agreement or request a default. The Daic parties really have nothing more to gain by going to court. All they can hope to do is minimize their loss by hoping they aren't found at fault. Without the turnover, the Daic parties end up with nothing from this case and they have already said that turnover is not a part of this case presently. So what do they get from Calypso being found in default of the 2008 Agreement, nothing, Calypso doesn't have anything else to give them.
The same can't be said if Calypso wins. If Calypso wins, the Daic parties could be on the hook for hundreds of millions of dollars.
As far as I see it there really are only two options, turnover the patents for auction or make a settlement agreement with Calypso that doesn't include future payments of any sort tied to a specific date, only to a specific percentage of income. Why would anyone even consider making these agreements with someone that doesn't pay. It doesn't make any sense for Calypso to say they will pay any money by a future date when they have no income stream. Why would the Daic parties impose those conditions knowing that Calypso would fail in meeting those obligations if they didn't want the patent auctioned off ? It is a gradual way of getting more and more ownership of the companies assets until you finally have them all. The 2009 non-agreement tried to further that objective by making the company get Daic's permission to do anything. See this example in the 2009 non-agreement:
11. Calypso Wireless covenants and agrees that, except with respect to thc proposed increase in the number of authorized shares of Calypso Wireless from 200,000,000 shares of cornmon stock to 240,000,000 shares, Calypso Wireless shall not increase its authorized shares ofcapital stock without written consent ofDaic.
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