received the source code we had clover with it was cold it was worked on and paid for prior to the transition period my client paid for what we're talking about here is that is the alleged word that it was thought of over a four week period after the sexual bailed out of the project judgment and frankly our perspective is we should have got summary judgment at that point because for the same reasons he said that the written back was not enforceable contract there was no implied contract at that point because there was no agreement on dependent on the being a contracting run for the five to ten and you can tell from the murders i understand what you're asking you know that the theory of liability in the ninth grade was was under the  little bit is we don't really have a sense from the trial minister of the basis for what his decision was my recollection  this and again we don't have a written decision on the motion lemonade but presumably he decided that the jury must hear this and they only have discretion to keep any of it back  seems to give him that discretion and can't he decide at the outcome she this isn't the sort of case where i'm going to keep  weather i know you all seem to agree on what he was doing but it's not clear to me what he was doing and then the absence of any explanation on  by discussing the source code because it's very relevant to ninety three accounts and it's what i believe the jury found extremely compelling was the testimony of toby anderson and  his failure to answer inclusively whether he had three sets of source code or one one source code presumably came from cisco while full spectrum  that's what the jury does because that was exactly his testimony and that was exactly the documents that were coming in he was on a fast track progress project and i say he was saying toby henderson forte in he was doing anything to keep my client working on into a piece printed on another third party owners of the project and he was telling them what everybody needed to tell them in order to keep facts beyond the contract which supported the independent verdict of the jury on ninety three are two grounds that you're a kuwaiti have reached for the ninety three avery one is the bad mouthing the other is the in the course of reaching the implied contract not behaved very badly the problem is we don't know as church parents as that's a general or you would be ok if you found an implied contract contrary to your brother that the evidence was more than sufficient that then would also support the ninety three a verdict but if it's independent grounds and didn't turn on the implied contract theory then there may be a problem and the problem may be that it went who had jury that's how we're beginning to think of some of the issues in this case as i understood it the general violation and that was the basis for it your brother who is objecting to the new having a jury would have to show that somehow he's been harmed out of applied and had to go to a jury otherwise you're depriving cos of archery right right if you got that wrong and i know you think he did if you got that wrong base a bed they were heartened by that because they had a right not to have at that point that it's fully within the group jury's hands and there's nothing it's completely consistent with our constitution because the founders believed that judges of the federal level should be checked and that is argued in that that option may not be there if you were to do this on your claims about it the jury was wrong on him five interact and the jury was wrong on the ninety