Whether the Federal Circuit may affirm a judgment of non-infringement without opinion and on alternative grounds first raised by the respondents at oral argument

QUESTIONS PRESENTED 1. Whether under Rule 36 of the Federal Circuit’s Rules of Procedure the Federal Circuit may affirm a . judgment of non-infringement without opinion and on alternative grounds first raised by the respondents at oral argument where affirmance of the judgment depends on genuine issues of disputed material fact as to infringement identified by the district court in denial of respondents’ summary judgment and not yet determined by ajury in violation of Securities Exchange Commission v. Chenery Corp., 318 U.S. 80 (1943) and the Fifth and Seventh Amendments. 2. Whether under Rule 36 of the Federal Circuit’s Rules of Procedure the Federal Circuit may affirm a void stipulated judgment of non-infringement without opinion and thereby reverse without appellate jurisdiction a district court’s finding of genuine issues of disputed material fact as to infringement and reasoned denial of summary judgment in violation of Taylor v. McKeithen, 407 : U.S. 191 (1972) and the Fifth and Seventh Amendments. 8. Whether under Rule 36 of the Federal Circuit’s . . Rules of Procedure the Federal Circuit may affirm judgment of non-infringement without opinion and without . resolving conflicting claim constructions of two district courts and thereby prevent a patentee from enforcing its valid patents in violation of Article I, Section 8, Clause 8 of the Constitution, the Fifth Amendment, and Congress’ mandate that the Federal Circuit unify decisions in patent cases. it ,