1. “Whether the Federal Circuit, after holding, for the first time, that the Supreme Court’s WesternGeco decision permits damages based on foreign conduct in cases involving domestic infringement under 35 U.S.C. § 271(a), can decide sua sponte issues of causation that were never decided by the district court or raised by the parties on appeal, and refuse to remand the case for further briefing and development in light of the new legal standard.”
2. “Whether the Federal Circuit may, contrary to established Seventh Circuit law, impose a diligence requirement under Rule 60(b)(3) when a party moves for a new trial based on the opposing party’s fraud or misrepresentations.”
3. “Whether one panel of the Federal Circuit may disregard the findings of a previous panel concerning the same underlying issue (i.e., whether the patents are technological and recite a specific improvement to computer operation) and involving the same parties and the same patent claims.”
