“Whether a district court’s grant of preliminary injunction can be properly reversed under an abuse of discretion standard because the claims appear ‘vulnerable’ to a validity challenge even though the district court made factual findings on other bases indicating the entire validity challenge ‘lacked substantial merit’ in light of the ultimate burdens at trial?”
Whether “[t]he Panel’s findings regarding ‘adjacent’ are inconsistent with the intrinsic evidence and factual findings regarding extrinsic evidence, which should have been shown deference?”
Whether “[t]hese bases, when viewed through the proper lens of deference, independently support the injunction.”
Whether “[g]iven the district court’s findings on independent grounds, the Panel’s decision to reverse, rather than vacate and remand, deprived the district court of its sound discretion in determining likelihood of success.”
