Whether the Federal Circuit violated the Seventh Amendment by overturning the jury's damages award based on its own evaluation of the sufficiency of the evidence

Whether the Federal Circuit violated the Seventh Amendment by overturning the jury ’s damages award based on its own evaluation of the sufficiency of the evidence, thereby substituting its judgment for the jury ’s on a question of fact. Whether the Federal Circuit is permitted to apply a different, more stringent standard for the admission of expert testimony regarding damages in patent cases than is applied by other appellate courts reviewing expert testimony on other subjects, thereby creating a conflict in the application of Federal Rule of Evidence 702 . Whether the Federal Circuit violated EcoFactor ’s due process rights under the Fifth Amendment by deciding the appeal on a contract interpretation issue that was not raised in the district court, was not briefed by the parties on appeal, and was outside the scope of the en banc proceeding.