She also had a big problem with the way Apple wanted to define the term "work". She said in her experience fragments were transmitted all the time and not necessarily complete works. She also made the point that the patents call for a 'transceiver" which can do both transmit and receive. Apple wanted to focus the attention on the transmission side and not give the receive side much attention.

3. I do not think Judge Patel buys any part of Apple's Time Compression construction. When Apple was discussing how Time Compression was like playing a 33 rpm recording at 45 rpm to compress time the judge asked why would anyone want to do that? A closer reading of the transcript will add more light to this topic.

4. There was no knockout punch in the presentation from either side. Apple's fantasy-land approach, as outlined in their briefs, was hard for me to follow. The slides from both sides were hard to read from a distance but the judge was given notebooks which contained all the slides.

Parker Folse commented at the end of the hearing that Apple had introduced new slides today in their slide show that were based on information not found in the briefs Apple had prepared for the hearing. I read this to mean Apple likes to play dirty tricks whenever they can.

5. At the very end Powers asked for a date for the Summary Judgment Motions and the judge said "I haven't even looked at these motions" and she was not ready to assign a specific date. She said that after she prepared the order for her constructions Burst would have 2 weeks to respond and then Apple would have 2 weeks for a rebuttal on the Summary Judement motions. Then there could be a hearing on these motions if one was needed. I don't think we will see Judge Patel's claim constructions any time soon. I'm guessing 3-4 weeks because of her busy calendar and the amount of claim constructions needed.

6. Another Powers bomb was dropped at the end of the hearing. Apple gave Judge Patel some excerpts from Richard Lang's deposition taken in early January. None of this had been filed with the court prior to today and Parker Folse was upset that Powers was continuing to launch these little bombs without going through the established procedures. Folse commented how Apple (Powers) was trying to influence the judge by dropping these bombs at the last minute. It was agreed that Burst could give Judge Patel rebuttal information to counter the latest Apple filing.