If I Had More Time, My Briefs Would Be Shorter

From: Co-Counsel
Sent: Monday, September 04, 2006 5:10 PM
To: G-Man
Subject: FW: Reply Claim Construction Brief

G-Man:

Plaintiff's reply brief. See page 29 regarding reply regarding claim X. Let me know if you have text to include in a sur-reply brief - due this Friday.

From: G-Man
Sent: Tuesday, September 05, 2006 1:21 PM
To: Co-Counsel
Subject: RE: Reply Claim Construction Brief

Thanks, Dude. We'll send something to you later this week.

From: Co-Counsel
Sent: Tuesday, September 05, 2006 1:23 PM
To: G-Man
Subject: RE: Reply Claim Construction Brief

Can you limit to a page or less? We need to ask leave of court and need to know the page count. thanks, Dude

From: G-Man
Sent: Tuesday, September 05, 2006 1:24 PM
To: Co-Counsel
Subject: RE: Reply Claim Construction Brief

That's probably not a problem, since Plaintiff never really addressed our issue.

From: Co-Counsel
Sent: Tuesday, September 05, 2006 1:26 PM
To: G-Man
Subject: RE: Reply Claim Construction Brief

He did not address some of ours either - in some cases he flat out did not understand the issue, or punted, if he did not have a good answer.

From: G-Man
Sent: Friday, September 08, 2006 8:29 AM
To: Co-Counsel
Subject: RE: Reply Claim Construction Brief

Should have a draft to you this morning -- it's definitely less than a page.

From: Co-Counsel
Sent: Friday, September 08, 2006 8:44 AM
To: G-Man
Subject: RE: Reply Claim Construction Brief

There is concern regarding the page limits, and we are ensuring that our total length is less than Plaintiff's length, which was 3 pages. Hence, can you distill it down to a paragraph? - e.g., simply rebutting Plaintiff point?

From: G-Man
Sent: Friday, September 08, 2006 9:52 AM
To: Co-Counsel
Subject: RE: Reply Claim Construction Brief

Attached is our paragraph for the sur-reply. It's cut down to the bone. Please don't screw with it any further, you're really cramping our style.

From:Co-Counsel
Sent: Friday, September 08, 2006 10:07 AM
To: G-Man
Subject: FW: Reply Claim Construction Brief

Are the suggested edits acceptable?

From: G-Man
Sent: Friday, September 08, 2006 10:18 AM
To: Co-Counsel
Subject: RE: Reply Claim Construction Brief

You don't listen very well, do you? Although I know some people dislike beginning a sentence with a conjunction, I would like to retain the "And" in the last sentence because it firmly couples the two bases of our argument. The other edits are fine.

From: Co-Counsel
Sent: Friday, September 08, 2006 10:19 AM
To: G-Man
Subject: RE: Reply Claim Construction Brief

Thanks. The Grammar Police have your name, though.

From: G-Man
Sent: Friday, September 08, 2006 10:25 AM
To: Co-Counsel
Subject: RE: Reply Claim Construction Brief

In my defense, I cite Bryan Garner's (the editor of Black's Law Dictionary) The Redbook, A Manual On Legal Style, at section 10.47(a), which states, "Start of sentence. Although this device should not be overdone, the occasional use of a coordinating conjunction to begin a sentence is an effective rhetorical device [as additional support for a proposition (and)]." (Emphasis in original). Let them handcuff me and violate my free speech rights.

From: Co-Counsel
Sent: Friday, September 08, 2006 10:19 AM
To: G-Man
Subject: RE: Reply Claim Construction Brief

Okay - they will let you off with a warning....