(Disclaimer: standard teresadactyl stuff - long term investor blinded by the rightness of the Burst.Com patents)

The tutorial started about 9:15 and ended at 12:30. My general impression was that the tutorial went well for Burst and here are some brief observations of what went on. The following is from my notes and certainly are not without error. A much clearer picture will emerge when the transcripts are made available. A video recording done for the entire court session.

Observations:

1. Very small courtroom. Only 6 benches for visitors so arrive early and bring a cushion if you are planning to attend the Feb 8th hearing.

2. Judge Patel has a good sense of humor. She started the session by asking how many of the people in the room were lawyers and 95% of the people raised their hands. She then made some comment about who was paying for all this assembled legal talent. This sounds like her "ca ching" comment at the last session.

3. Richard Lang and his partner Lisa were in attendance and Parker Folse introduced Richard to the judge. At the Burst table were Parker Folse, Michael Heim and Leslie Payne. There were several additional lawyers present and they outnumbered the Apple side by a 3 to 1 margin.

(Weird sighting and wild eyed speculation: I was seated in the far back corner of the visitor's section (close to vasco_bill and his cousin). About 45 minutes in the Dr. Hemami presentation an older guy (like me - late 50's and beyond) came in with two younger guys and sat down by me and vasco_bill. For some reason I sensed these were Apple lawyers just checking things out. These guys only stayed for about 15 minutes and the older guy led them out of the courtroom. At that time I wondered if the older guy was the new Apple counsel Donald J. Rosenberg. I don't know why I had this thought but I did. I just Googled a picture of Donald J. Rosenberg and the guy in the picture and the guy I saw MIGHT be the same guy. The guy in the courtroom was older and his hair was much longer so it very well may be someone other than Rosenberg but the picture does not rule out that the guy was Rosenberg. If I were a betting man I might bet $50 it was Rosenberg. End of wild eyed speculation)

4. The opening comments by the judge indicated that she was very interested in understanding the state of the art in 1988-1990 and asked that the tutorials help her understand this "state of the art".

5. My impression of the judge is that she "gets it" and it is very unlikely that she will change what was construed by Judge Motz in the previous Markman hearing.

6. Dr. Hemami was the first to speak in the tutorial (after an introduction by Folse that recited her impressive credentials). Before Dr. Hemami started, Judge Patel asked Dr. Hemami why so few women were involved in the field of engineering. This seemed to me to be a good way to set the tone of the tutorial as being "conversational" and this was the way questions and answers were done during Dr. Hemami's presentation.

(end Part 1)