1. Whether “[t]he Patent Office violated the 5th Amendment’s Due Process Clause by retroactively revoking its ‘binding agency guidance’ that had guaranteed SAP’s petitions would not be discretionarily denied based on parallel district court litigation, after SAP had reasonably acted in reliance on that binding guidance.”
2. Whether “[t]he Office also violated the separation of powers by discretionarily denying SAP’s (and others’) IPR petitions for reasons that effectively rewrite the statute governing IPRs.”
