Your post is direct and to the point. If the judge rules in favor of defendants motion then he is in Apple's back pocket.

This has to be the one time that eDig gets a favorable ruling. Not sure what it would mean to all the litigation if judge rules against eDig. It seems that it would really be an uphill battle in 2014.

Not sure how the judge could dismiss the re-exam except the the Estoppel is only on the Markman ruling and he does not look any further than that.