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HighRider

11/27/10 9:39 AM

#39418 RE: ooag_long #39417

That's the gamble the Daic parties face if they don't settle before Tmob settles. If Calypso has money in escrow they can opt to just pay the judgment, which would be a lot less than what the Daic parties have gotten through the various agreements. I think the best route for Calypso after settlement with Tmob is to lose the state court case, revert back to the original judgment and pay off the Daic parties, forever banishing them to the hinterlands. I don't like having to pay them because I don't think they deserve it, but this will allow Calypso to move on without any distractions from the Daic parties and on to profitable licensing deals etc. By reverting back to the original judgment the Daic parties lose all of their shares etc, which would undo the 2008 agreement.

So the Daic parties have to decide whether they want to settle now and keep substantially more money than they would make upon a default by Calypso.

If I were the Daic parties I would settle with Calypso based on the 2008 agreement and give Calypso no additional penalties for failing to meet the timelines in the 2008 agreement. That way I could retain the shares, get the additional money owed at some point and make an unlimited amount of money going forward without limits (5% of the income from the patents). I wouldn't be concerned with the timelines for getting the money because unless and until Calypso makes licensing deals, Calypso would not be in a position to meet any of those timelines anyway. The Daic parties just need to realize the only way for them to make money now is to get as much out of the way as possible, set up a bank account and let Calypso get some licensing deals. Once the deals start rolling in the money goes directly to their bank account and the share values increase substantially. Until they get out of the way they will not get any money from Calypso. They have to realize they lost the game in trying to get the patent. That game is over, it ain't going to happen, it never will happen and the sooner they come to that realization the sooner both sides can start making money. The Daic parties were earlier on (2004 to 2008) able to extract money from Calypso, but that is also not a possibility at the present because they have already taken all of the money. So what they are getting are I.O.U's that are worth nothing until they get out of the way and let Calypso get some deals.