Defendants seek to extend and apply the Collateral Estoppel doctrine to U.S. patent No.5,839,108 as to similar terminology contained in the ‘ 108 patent despite the fact that the ‘108 patentwas not asserted in the Colorado case and is not a continuation of the “774 patent .

Finally , Collateral Estoppel is not applicable to the “108 patentbecause it was never actually litigated in the Colorado case.