"737will be way stronger if the 774/108 appeal is positive" Did the judge not throw 108 in with 774 in error because 108 was never litigated at CO? Collateral estoppel is all about re litigating something, the CO ruling had only to do with 774. At the very least shouldn't 108 be removed from the CE cloud? And it seems to me from some of your previous posts that you think that possibly the whole thing could be thrown out on appeal because one of the patents listed(108) should not be includedd in the first place.