This is just a pure guess but, can we offer to license the whole portfolio excluding 774 and then when the defendants say, wait a minute we want/need the entire portfolio, our retort can be based on the ruling in CO and the collateral estoppel that you are standing on what 774 does is not a necessity in the package? They would then have to agree that our construction of 774 was correct all along, that it is necessary as the re exam clarifies and it is back in the mix. Could this be what Handal is referring to as "at the proper time"?
