I really thought that Miss Schanburg made her strongest points regarding our social templates and social hierarchy. The judge unfortunaly had a difficult time understanding there could be a hierarchy of information. Miss Schanburg Was effective in leading the judge to believe that it was difficult or impossible to have a hierarchy or social hierarchy of information but that that could only refer to a social hierarchy of people. This is where I thought mr. Handle was somewhat ill-prepared and did a rather poor job or maybe a less than spectacular job of explaining our position. The patents clearly spell this out in this regard, but although it was perceived as a minor thing in the circumstances I feel it is at the heart of the entire patent suite but as the judge indicated at one point, this entire proceeding is predicated on minor things but collectively they add up to very important characterization of the patents.
It seemed to me that all Tony had to do was to emphasize that the information hierarchy and the social hierarchy become part and parcel of the same thing and I thought he failed to do that clearly. The judge , Who I like very much will be able to make these connections on his own although he seemed very sympathetic to Schanburg's argument. Overall, this non-lawyer thought that things went fairly well but of course could have been better.
