Replies to post #58764 on Calypso Wireless (fka CLYW)

[HighRider]

The only thing that validates the patent is when the case is finished and if Tmob is found to be guilty of infringement. The Markman is a positive step toward that goal. There is only one trial and that is with a jury in March. The trial will determine infringement and damage awards.

[Eli's Gone]

A Markman hearing allows the judge to define key terms in the patent claims before trial...these terms are established by a judge prior to trial rather than argued as fact in front of a jury...

the plaintiff--us-- wants the terms defined as specified in the patent...the defendant--TMobile--wants the terms defined so they don't apply to their infringing device/process/gadget...

a favorable definition of the terms by the judge in a Markman historically weighs the trial results in your favor--thus prompting settlements prior to trial--but it is not a given...

we want our duck defined as a duck---they want their duck defined as a goose, even tho' it walks and quacks like a duck :-)

[1110133]

I agree its a little hazy, the reason is that there are several approaches and it may be that prior to "scheduled" trial, you can have a summary judgement and / or an injunction.

i believe that a win for calypso and injunction would in some ways include the power of a summary judgement--though its a bit murky, going the other way a win for tmobile on a summary judgement would probably make it harder to file an injunction? but an injunction would not be equivalent to summary judgement for tmobile...

frankly, im sure this will leave all the pundits scratching their heads saying "no wait its always like this" but then after they post they will realize they are confused--rather than doing that i decided to go straight to the confused part

:)