sman...and I thank you...

The limitations that the defendant considered had me concerned on social hierarchy.

The judge was brain stuck between, that which was considered of the term social signature and the raw data issue it entailed, and that which was being considered of social hierarchy.

Bouncing the two around he came up with the meaning of social hierarchy.

Comments during the social hierarchy analysis:

THE COURT: I don't even know why -- this is a sleeping dog that I'm kicking because everyone agrees about "raw data." No one is fighting about "raw data," so why I'm doing this, I'm not even sure. But, okay. That's fine.I have no questions about the thing you just said.

MR. HANDAL: Okay.

THE COURT: Thank you.

MR. HANDAL: Thank you.

THE COURT: Ms. Shanberg, I think what I want to here mostly about from you is the question of "defined within each social template."I do have trouble imagining that information could be part of a hierarchy. I do have trouble imagining that the word "ordered" not appear somewhere in the Court's construction.

MS. SHANBERG: Okay.

THE COURT: "So I don't know that you have to spend a lot of time on that, and I can say that now that I've heard already from e.Digital. But I think Mr. Handle's points about the incongruity of a construction that requires that a social hierarchy be defined within each social template or that it consists of social groups, I think those points are right.Where I am currently is something like, "an arrangement of persons and/or operations in a series of ordered levels." So to the extent that differs from where you think I ought to come out, you should focus your attention there."

He came up with that phrase, now ruled on for social hierarchy, following his "I don't even know why" comments, regarding contentions of the social signature issues.

After coming up with it , he reminded Handal with this comment regarding "operations":

MR. HANDAL: All right. But the hierarchy in this example is also levels of information. There are two hierarchies at play here and they interface with another one. The Court did offer its thoughts on the construction to Ms. Shanberg. I didn't quite get it all. So what was the Court's thoughts on that?

THE COURT: (As read) "An arrangement of persons and/or operations in a series of ordered levels." Ms. Shanberg spent some -- spent the majority of her time, I think --

MR. HANDAL: Okay.

THE COURT:-- trying to talk me out of the "operations" part of that.

MR. HANDAL: I kind of like it. Thank you.

THE COURT: You like it?

MR. HANDAL: I...

THE COURT: Well, I think I just explained to, that Ms. Shanberg may have made some headway on "operations." You can sit down if you like

In the end, the judge felt that Ms. Shanberg did not and the word "operations" stayed in his construction.

If that word did not appear anywhere in the final construction...I would be gone, done and disgusted. NUNCHI is not solely about social issues.

doni