Tmobile knows the rules of the road are "spend more pay more", meaning, once clyw is done w/ the markman, the price goes way up imho--that clearly favors your position. Clearly clyw's old pr's indicate that tmobile has had plans and has been aware of things for a long time. If one recalls that tmobile had a nda w/ clyw, the company that had the first patent pending, they knew all to well that for the next 3 years clyw was the company to talk to yet they chose to start and fund kineto wireless w/ their cronies clearly with infringment in mind, they have to prove otherwise which they cannot.
my strategy is simple re litigation, if tmoble does not go quietly, look at the balance sheet, income, and cash flow of DT, determine the dollar ammount that would break the company so they would have to sell tmobile outright if they lost the suit etc. a some so large that it would essentially be capible of breaking tmonble, then sue for that. Once clyw gets a judgment that is it, tmobile will have to settle--i almost hope that they don't go quietly ;)
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