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chosenuno

02/04/14 7:07 PM

#60673 RE: HighRider #60671

careful now. i share the optimism but i also know this is the USA and the fix is in. good luck to all and thank you to the regulars here keeping the rest of us longs informed and in the conversation, much appreciated! CLYW
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drkazmd65

02/04/14 7:43 PM

#60674 RE: HighRider #60671

I think you are absolutely right about the desire of T-Mobile to settle before this goes to trial,...

If we go to trial,....

But we ain't there yet,....

IF we go to trial and they lose (and the probability of their losing is significant if we do go to trial) they know they could get skinned,.... and they will make a somewhat low-ball offer to avoid it,....

And if our Lawyers are smart,.... and if the Reciever is smart (he seemed like a bright guy from one brief encounter) and properly motivated,.... They won't take any first offer.

Made it through a first day post-hearing with no ruling,......
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ki2002rom

02/04/14 8:08 PM

#60676 RE: HighRider #60671

And get to hear what the judges didn't about using it prior.
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atlas101

02/04/14 8:38 PM

#60678 RE: HighRider #60671

I heard it - once was enough. I am concerned about the use of comprised as it sounded like they (judge with TM attorney in agreement - in a long winded unnecessary theatric discussion) that the word actually reduces the scope of the patent by requiring the inclusion of distance as a parameter. Coupling this with the earlier decibel discussion of mountains, thick walls, price, interference. It sounds like they landed on TM phones use X+Y+Z for their parameters to work; where as Calypso's patent is X+Y+Z+distance.

I frankly don't care about the fact the TM attorney "sounded" more polished than our guy - or the perceived camaraderie or lack of camaraderie between the attorneys and the judges. To me that's just how they make their jobs more tolerable after sitting in that room day after day listening to the right and left side of the room.


A question for the team - at the end of the day - what was being decided? Was it

a) return to the court and redo it all?
b) return to the court and include the interpretation of the word comprised that the judge said?

if a) then I think this will be interesting
if b) then I think we have a steeper hill to climb

IMHO