ling menu says you consider all the circumstances in the case in the district court only consider what the cup the company not to sue one of the nine thirteen but there are many other circumstances in this somewhat unique case that the district court should have considered and which require that aspects of his character to be tried there's a whole portfolio will bottom out of patents in this case that are related to this one thirteen pa with that because you you rely on just record opinion in dallas jones for your argument right yes wrong and then all other cases and that i think you rely on two other district court case tesco and  the seven twenty two the eight five eight and the nine thirteen there's no surprise there's no mystery here the revolution does not want aspects in the bottom out of our market indeed the first company in say and counsel replied possibly because we have the whole portfolio bottom line of patents and if that doesn't cause findings i'm sure reality and she said ok you know what you want somebody judge me is an issue of fact on it but she made a point of saying that mr zimmerman's story is the explanation for his if the trial is going to last less than two days but not if it's going to be more we give you the rule you're asking for it's not going to matter could have a complicated close it could be conduct case that could take a ten day bench trial i'm not suggesting that at all you i'm one of the other ones not the nine thirteen and we have to assume the time to read let me i mean it seems to me if i understand your argument you kind of have a a an alternative argument right so i mean even if i'm merits but under twenty five you're allowed to visit evidence you have to present evidence to support your return if you were in the only way we can do it here is to retry on the intent issue and so your position is even if we disagree with you that the come to claim should still sting in other words if the come to claim caught up so there's no more counter claim on inequitable conduct you still go to trial with respect to an equitable conduct in connection with attorneys fees even though they're still not come to claims absolutely your discretion well i think there is discretion your honor and i think that who were abused that he didn't even he's steady decline to consider the evidence the issues anything the subject of this litigation so we had we have it not to sue in the in the future it was our understanding of what the court said it will argument that we were the issue with the other patents was simply not an issue in correct and i would think you know that's the issue of leaving the courts raised earlier why wasn't it why weren't these other pass brought into this particular case the ninety three kids at the time they answer to counterclaim for ct that whole issue was appealed and then we have a serious legal into in that particular case as to whether whether legally as a matter of law she was wrong and so thing the tail should manage to go all correct he didn't give reasons about tradition resources he didn't give reasons about the myriads of the case he didn't give reasons about the greens this come to claim belatedly i mean all kinds of things that like in world i would i would have to think long and hard about that i and i think in this particular situation i don't think it's considering that we entered into dismissing the d j these be the case that you're going to if you have to have a bench trial you have to have a better right that's that would be true in every case that raised attorneys  but that's that's what's unique about district court discretion in the court can look at a whole host of factors and weigh the this factors and if the district court and its discretion leaves in a particular case  that this the judicial resources argument wins the day then that's within its discretion to weigh it that way i'm not saying that they're not every district court would exercise its discretion in that experience with the use of just stretching standard suggests there's no ok i mean so in other words there's no case of ours that so we haven't decided that issue yet i am unaware that specific issues being decided other than the conduct usually requires a trial that used it would be a trial and that's were simply saying i don't want to hear it or it's delayed doesn't tell anyone anything he didn't talk about