MICHEL, Circuit Judge, coneurring-in-part, dissenting-in-part, with whom Circuit Judge RADER joins. I join the majority opinion with respect to the disposition of Questions 1, 2, 4, and 5. However, I must dissent from the majority’s response to Question 3 because I believe it contradicts Supreme Court precedent and policy. In Warner-Jenkinson Co., Inc. v.…
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