When the Markman hearing started (15 minutes late -- everyone just sitting around waiting for the judge -- very quiet time in the courtroom -- this is a very busy judge with a very full calendar) Judge Patel asked for the agreed upon format for the hearing. Parker Folse described the three sections being Overview, Transmission and Means Plus Function. Burst would present first and Apple would present second. Folse then asked if there could be some rebuttal time after each presentation.

Judge Patel's response was "Plenty of Paper Here" and in the interests of time there would be no rebuttal time after each presentation. Folse then asked for a rebuttal time at the end of the hearing and the judge was not interested in any rebuttal time anywhere in the hearing.

My interpretation of "Plenty of Paper Here" was that the judge is somewhat surprised by the amount of paperwork (mayonnaise) in this case and she knew that opening up the hearing for rebuttal would take more than one day. Apple did not seem to be interested in having any rebuttal time and Folse probably knew that Powers was going to do his "Alice's Adventures In Wonderland" routine and lead everyone down the rabbit hole. I also suspect that the judge after reading the Apple and Burst briefs was anticipating a version of "Alice's Adventures" and did not want to waste time by having rebuttal time added on to this adventure.

My sense was that Judge Patel was quite familiar with the briefs and this would mean that someone of her intellect would see the Apple briefs for what here are, especially on the "time compression" issue.

When Parker Folse made his "Down the rabbit hole" comment after Power's presentation he seemed to have summed up what Powers had done. Powers is an excellent presenter and if you had not read the Apple brief it would be easy for someone to be lead down the rabbit hole. I think that Judge Patel had read and studied all the briefs and could see Apple's rabbit hole for what is was.