1. “Whether a party is precluded from addressing in its reply an issue raised by the Court and raised in the opposing response brief for the first time on appeal and for the first time in the case.”
2. “(A) Whether ‘[m]otions to transfer venue are to be decided based on the situation which existed when suit was instituted,’ In re EMC Corp., 501 F. App’x 973, 976 (Fed. Cir. 2013), see also Hoffman v. Blaski, 363 U.S. 335, 343 (1960); and are to be given ‘top priority,’ In re Horseshoe Ent., 337 F.3d 429, 433 (5th Cir. 2003); In re Apple Inc., 979 F.3d 1332, 1337 (Fed. Cir. 2020); or (B) Whether motions to transfer must always consider a subsequent pleading, in view of In re Samsung Electronics Co., 2 F.4th 1371 (Fed. Cir. 2021), even when the opposing party delayed filing the subsequent pleading in a manner that attempts to manipulate the venue analysis.”
