the "all good" part was if we win at the appellate court, it is MUCH FASTER this way, than waiting for a markman, trial etc and then appealing...also, if we win at appellate court, not exactly Collateral Estoppel back at them, but pretty darn close, so how are the parties that were able to file a "joint motion to apply collateral estoppel " in the District court, going to be able to argue they need another bite at the "apple" now, because the issues are different....ha ha ha,
if you saw the movie "Red" with John Malkovich, think the scene where he's in the field with all the containers and the "bad guy" lobs a grenade at him, Malkovich takes his rpg and bats the darn grenade right back at him, and he blows up..... so there.
;)
IMO, Plank still doesn't know you