"I have yet to hear a reason why anyone thinks our 108 patent issue will be resolved early?

This is my last attempt to explain it as I understand the situation. The concept behind the estoppel is that once something has been litigated by the court it cannot be relitigated in a different venue. The defendants are saying that what was ruled in Colorado is the standard that cannot be changed. Edig is saying that because the CO judge did not have the benefit of knowing the results of the re exam that this is a new situation and is not being relitigated. This said, 774 was litigated in CO and when Edig did not get the results they were looking for they dropped everything else rather than deal with Judge Krieger anymore and "got out of Dodge." Patent 108 WAS NOT litigated in Colorado. For some yet known reason, the current judge chose to include 108 in the collateral estoppel. The appeal of the collateral estoppel regarding 774 has to run it's course. Some on this board believe that since 108 was never litigated, how can the collateral estoppel rules apply? Based on this, it is POSSIBLE that the appeals court could remove the 108 patent from the estoppel ruling. This may not be precise but I believe it is generally correct.