"Most business people don't engage in price fixing," and those that do should be treated accordingly, Judge Kaplan said.

Last month, Judge Kaplan called the issues in the trial "narrow and well-defined."

But in light of the professor's testimony, Judge Kaplan said, he would reconsider his constitutional analysis.

Those were the only extra touches allowed by Judge Kaplan.

She was a law clerk to Judge Kaplan until last year.

"We are dealing here with unique historical and scholarly resources," Judge Kaplan said.

The room was cleared once by Judge Kaplan, but that didn't help, either.

"Each side is entitled to its views," Judge Kaplan wrote.

With all due respect to Judge Kaplan, he chose a highly appropriate container.

"It is clear to me after this morning how smart, talented and articulate you are," Judge Kaplan said.