I like the part about giving up the US rights and the default $110 + million judgment. The Daic parties now either fund it or lose everything, if Calypso can't fund it.
Even with a win in the tmob case, they do not stand to profit from their shares, except to the extent that we do. They also can't use the prior judgment award as a credit toward bidding on the patent, since Calypso is no longer on the hook for it. So if they want the patent they will have to bid against everyone else, with real money (assuming what we've been told about the agreement is true).
They should have followed my advice over two years ago. Fund the tmob case, cooperate with calypso and sit back. We would have already been past the Markman and any possible trial with tmob. The stock would have shot up and the daic parties would be very well off. The stock price would be in the $$ and other infringers would be next in line. With the stock price in the $$ range they would likely have made more than any possible settlement with tmob will bring in. In my estimation, in order for them to make as much now with the 28% as they could have made with the escalation in share price, any settlement will have to be in the range of $500 million. Not likely in my estimation. The only way you get to that number now is with a trial and a jury award of treble damages, possibly but not likely. I could have seen a share price at $10 with a win in the tmob case. That means the daic parties shares would have been worth $220 million and other infringers could be adding to that value. They can not fail to see the tmob case through to the end. Any way you slice it, I think they gave up the potential for hundreds of millions.
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