Skip to comments.Summary Judgment against Calypso Wireless
Posted on 01/30/2013 9:47:37 AM PST by pabianice
In the five year case against T-Mobile, on January 16 the judge suddenly declared a summary judgment of non-infringement against Calypso Wireless, declaring that 'the evidence is so confusing that no reasonable juror could find for Calypso.'
I'm sorry, but I thought that the purpose of a jury trial WAS to make just such a determination in a disputed case.
Calypso holds the "923" patent governing all seamless switching among cell phones, Hot Spots, and WiFi. TM, in 2006, signed an agreement with Calypso to see the technology demonstrated but not to market it themselves. Subsequently, the evidence shows that TM broke the contract and has been using the patent for themselves. This is too difficult for a jury to see?
It is sad to see such apparent abuse by the courts.
They got to the judge!!!!!!!!!!!
Summary judgment is only appropriate where there is “no genuine issue of material fact and” the moving party “is entitled to judgment as a matter of law.
If as reported, this is a complete travesty of law. Maybe impeachment fodder (I wish).
This would allow the case to go immediately to the appellate court, yes? If a jury found against TM, they would likely appeal anyway yes?
So is this just possibly a time-and-money-saver decision?
Note, given the court time, it’s also a saver of taxpayer money.
Separately, the Markman ruling -- which was badly tilted toward whatever TM wanted -- has been appealed to the US District Court. If that ruling is overturned, it's a whole new ball game and, one hopes, a different magistrate judge. But the scheduled trial date of March 4 is probably gone.