Subject: Pete Peterson
From: [email-masked]
To: [email-masked], [email-masked]
Cc: [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked]
Date: Fri, 5 Oct 2001 12:54:25 -0700 (PDT)

You will recall from our discussions that Enron, as a result of being
charged with infringement of the Odom patent, has a duty to obtain competent
advice from a competent lawyer, that its products do not infringe upon any
valid claim of the Odom patent. The failure to obtain such an opinion
subjects Enron to the added risk of up to treble damages and attorneys fees,
if Enron is held to have wilfully infringed the patent. In essence, the
opinion serves as a fairly dependable form of insurance to a holding of
wilful infringement, and the enhanced damages which are normally attendant
thereto.

Pete Peterson is available to address these issues in an opinion. His firm
(Cox and Smith) has done some transaction work for Enron. I am trying to
learn the amount of work that has been done.  Assuming the work is minimal
such that he appears to not have his testimony influenced by his firm's
relationship with Enron, I suggest that we proceed with Pete.  It will take
him a couple days to digest the material we have already furnished to him.
As soon as we get a complete understanding of Enron's technology, Peterson
will need to be provide clear information as to what Enron is doing to
perform an infringement analysis. If we are unable to find that information
in documentary form, then it will probably be necessary for Peterson to
spend some time with at least one Enron technical person in order for him to
learn about the accused product.
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