Whether the “the panel decision is contrary to the following decision of the Supreme Court of the United States or the precedent of this Court: Pullman-Standard v. Swint, 456 U.S. 273, 291-92 (1982) (holding when the district court has failed to make a finding because of an erroneous view of the law, or where findings are infirm because of an erroneous view of the law, a remand is the proper course unless the record permits only one resolution of the factual issue); Hewlett-Packard Co. v. Bausch & Lomb Inc., 882 F.2d 1556, 1562-63 (Fed. Cir. 1989) (applying Pullman and remanding where the district court’s erroneous legal framework left a necessary factual finding unresolved).”
