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To: Bagladdy who wrote (1746)	4/4/1998 6:23:00 PM
From: m rosen	Read Replies (1) \| Respond to of 2383

Charles, I'm not foolish enough to profess I know what judge jones will decide only judge Jones knows that. I do feel that some elements of the patent that judge jones may view with a narrow application will nevertheless have a narrow application on some very large areas of internet commerce. We don't need a broad interpretation of the patent in order to be successful, rather even a narrow interpretation that is on point to a defendant's business application could be a lucrative result. The drafting, age and language of the patent will not allow judge Jones to issue a broad interpretation without holding a markman hearing and determing the intent of freeny from his testimony. In order to receive a broad interpretation of the patent Judge Jones will need to here from Freeny to clarify the ambiguities in the patent and to understand his intent at the time the patent was drafted, but generally ambiguities in a patent will be decided against the patent holder. Finally, when looking at a judges docket it is important to review the other cases she is handling and then utilize this information to speak to his or her clerk to determine when a decision might be forthcoming. For instance a judge that was involved in a high profile case like the Cosby case for instance would have to be tied up for a couple of months in such a high profile matter. Rosen