Whether the Federal Circuit's affirmance of the district court's grant of summary judgment without an opinion under Rule 36 is permissible when the decision conflicts with the Federal Circuit's own precedent, which would warrant a reversal.

Whether the district court erred in granting summary judgment of non-infringement despite admissible circumstantial evidence that the defendant knowingly marked the accused device with the patent-in-suit, which could support a reasonable jury's finding of infringement.

Question not identified