“Does the sua sponte judicial resolution on summary judgment of issues expressly excluded by pretrial order, and on which the moving party submitted no evidence to meet its burden, deprive petitioner of valuable property rights in violation of the Due Process Clause and the Federal Rules of Civil Procedure? Alternatively, should the case be remanded to the Federal Circuit in light of this Court’s recent holding on the party presentment rule in United States v. Sineneng-Smith, 206 L. Ed. 2d 866 (2020)?”
