1. “When a district court’s summary judgment of invalidity conclusively establishes the ‘materiality’ prong of inequitable conduct, may this Court refuse to review the summary judgment de novo, and only review the inequitable conduct finding for ‘abuse of discretion?’” 2. “May this Court find that an appellant ‘waived’ reliance on controlling, dispositive authority because it cited that authority ‘only once’ below?” 3. “May this Court review factual findings of ‘materiality’ and ‘intent’ for abuse of discretion, in violation of Star Scientific?” 4. “May this Court affirm, in a single footnote, a summary judgment of obviousness, despite the presence of genuine factual disputes, and even though the district court’s decision lacked the required ‘cogent reasoning?’”
