Application of the Collateral estoppel Doctrine is not appropriate for a number of reason, not the least of which is that there exists additional re-examination history and new claim language that was not considered in the Colorado case.
More ever , Colorado estoppel is not applicable to the ‘108 patent , because it was never litigated in the Colorado case , does not share common ancestry with the ‘ 774 patent , and includes express intrinsic evidence that precludes application of the Colorado courts claim construction ruling as to the unrelated “774 patent.
