News Focus
News Focus
icon url

HighRider

01/16/14 4:45 PM

#60518 RE: B-Boy #60517

The time for paying attention to Tmob has gone. The Calypso team needs to keep the argument in front of the judges that the patent definitions are not correct and the patent allows signal strength calculations, but does not require them. All that is required to infringe is when the device is recognized by the AP, and switches when not recognized by the AP or switches when it comes within range of the AP. Calypso needs to make that distinction and how the court tried to make the patent consist of something that wasn't envisioned. The patent doesn't require a certain signal strength or require the device to be a certain distance from the AP., it only requires that a connection can be made with the AP and Tmob's mumbo jumbo tries to muck up that point. It makes no sense to pay attention to signal strength when you can connect with the AP. The way wifi works is that you either connect to the AP or you don't. Who cares what the signal strength is at any point. The patent included two diagrams that completely describe the intended operation of the patent. The inventor used them to show one possible scenario using one short range communication method, which could be applied to all short range communication systems.. The District Court didn't understand, let's hope the Appeal Court does.
icon url

throckmorton

01/16/14 10:15 PM

#60519 RE: B-Boy #60517

Profiles on both attorneys from their own firms' sites:

Josh Krevitt: http://www.gibsondunn.com/lawyers/jkrevitt

Matthew Juren: http://www.matthewsfirm.com/default.aspx/MenuItemID/152/MenuGroup/_Home.htm

Krevitt is a partner in his firm, very experienced and decorated as an attorney. Juren is decidedly younger and his profile mentions his concentrations in law school and his clerkship with little about what he has done since he joined the firm as an associate, just areas of practice. I do not want to jump to conclusions but it looks like T-Mobile has a seasoned high powered attorney while Calypso has a young relatively inexperienced lawyer. I hope this is not just the firm sending a new lawyer out to cut his teeth on our case. I know it is a team effort as strategy goes and I felt the Calypso reply brief was quite strong so I won't go off the deep end yet. But this does give me pause for concern. Perhaps Juren is a talented litigator and has been fully immersed in the details of the case so that he is the best choice to make the arguments. I do hope so.