I agree with what you are saying Dish, but I do not understand why the current judge granted the collateral estoppel on the patent that was ruled on in CO. Why did he not defer judgement until after the Markman hearing to hear the other part of 774 which was not ruled on, as Doni refers, as well as all the information/clarification included in the re exam? I guess we will just have prove our position with an appeal.