Message-ID: <8730432.1075858694291.JavaMail.evans@thyme> Date: Fri, 26 Oct 2001 13:50:04 -0700 (PDT) From: blafuze@velaw.com To: diane.goode@enron.com, b..sanders@enron.com Subject: Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: "LaFuze, William" @ENRON X-To: Goode, Diane , Sanders, Richard B. X-cc: X-bcc: X-Folder: \Sanders, Richard B (Non-Privileged)\Sanders, Richard B.\Inbox X-Origin: Sanders-R X-FileName: Sanders, Richard B (Non-Privileged).pst Diane, any luck in getting the Enron Online Software code sections that we requested from from Kevin Montague on Monday? Richard, we will likely not be in a position to meet with the other side next Wednesday without a chance to both acquire and digest this information. Anther interesting observation about the Enron trading operation is this: the Enron entity that is the operator of the software (Enron Online) is not the same entity that purchases and sells goods, such as Enron North America, and many other Enron companies. Our people characterize the operation of the system as if "Enron" is operating the system, and the only buyer and seller on the Enron side, making the system a "one to many" trading scenario, thereby distinguishing it from the "many to many" scenario of the patent in suit. If you view the different Enron entities as separate, then the operation of Enron Online is more like an exchange in making a trade between two different parties. Although we will argue this is form over substance, the nature of the legal entities making the transaction will likely be argued by the Plaintiff to be more like a "many to many" type system, and therefore within the scope of the patent. ++++++CONFIDENTIALITY NOTICE+++++ The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You