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Cougar6

12/28/10 10:59 AM

#40547 RE: navanuts #40542

I agree with you that, tactically speaking, it is in the best interest of the company to complete the state court case and deprive Diac of any share in the patent prior to consummating the deal with T-Mobile.

I disagree that the stipulation acts to remove Diac's involvement in the Federal case. If the stipulation acts as you presume, there would be no need to join Diac and Williamson to the federal case.

As I said, I hope I am wrong. I just don't think the stipulation has the force in law that many people are ascribing to it. I don't believe that "managing the IP and the litigation" amounts to being able to settle the case without Diac's consent - which is what any agreement with T-mobile would do.
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gr8member

12/28/10 11:31 AM

#40551 RE: navanuts #40542

Isn't it 25% up to 20 mill? then when that figure is reached, it's "conditional thereafter."


4/3/2008 Settlement agreement Calypso agreed to and performed the following:

> Calypso immediately paid you $500K and 34.5M shares (22M to you and 12.5M to Mr. Williamson) representing an equivalent cash payment of $4,460,000 on 4/16/08 when you reported the shares. A week later this was worth $5,157,500
> Calypso gave you a 25% conditional "ownership" in the patents up to an additional $20M received by you and 5% of conditional "ownership" thereafter.
> Calypso released all claims and challenges against your past actions with prejudice.
> Calypso promised to raise funds to pay you future notes totaling $2.2M.
> Calypso promised to furnish you another 5M in shares.