1. “How does the established legal standard for the determination of prevailing party status apply in a case dismissed as a result of intervening mootness?” 2. “When, if ever, can a litigant be deemed the ‘prevailing party’ in a case dismissed as moot?” 3. “Whether the dismissal for mootness resulting from the intervening administrative cancellation of asserted claims alters the legal relationship of the parties.” 4. “Whether the panel’s conclusion that Facebook ‘prevailed’ can be squared with the Supreme Court teaching on the nature and effect of intervening mootness.” 5. “Whether patent cases present an occasion for departing from the requirement that to ‘prevail’ for purposes of Rule 54(d) and fee shifting statutes, a litigant must prevail in the proceeding in which it seeks prevailing party status.”
