1. “Is a timely objected to Magistrate Judge’s Report & Recommendation, not yet adopted or approved by a District Court pursuant to Title 28 U.S.C. §636(b), a final ruling for purposes of Title 35 U.S.C. §285? Does the reliance on properly filed objections to a Magistrate’s Report & Recommendation for maintaining an infringement theory, while also advancing an alternate infringement theory taking into account the Magistrate’s Order, illustrate a disregard of the Magistrate Judge’s Order for purposes of finding a case exceptional under 35 U.S.C. §285?”
2. “Is an objected to Magistrate Ruling, whether by Order or by Report & Recommendation, a final ruling such that a party should know its position is unreasonable before adopted or approved by a District Court?”
