My main point for posting was based on 2 factor . First in previous Markman ruling there

was some comment re claim 5 . By not including claim 5 in this document EDIG vs Apple

there will be no room for excuse by judge for Collateral estoppel ( even though we

know in re-exam of patent 737 the claim 13 is almost identical to 5 ). Another important

issue in Collateral estoppel is , judges usually do not rely their decision on Re -exam

finding .So EDIG has very strong position at least for 737 patent to prevent Collateral

estoppel because there was absolutely no ruling on 737 was issued.JMHO