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.
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