BioDelivery Sciences Int’l, Inc. v. Aquestive Therapeutics, Inc.

 
APPEAL NO.
19-1643, 19-1644, 19-1645
OP. BELOW
SUBJECT
Patent
AUTHOR
Reyna

Question(s) Presented

1. “Whether the Court has authority to review the PTAB’s final decision in a remanded IPR for compliance with a remand order—regardless of the PTAB’s characterization of its decision?”

2. “Whether the Court’s remand order supplants the PTAB’s alleged inherent discretionary authority to reverse its lawful institution of IPRs on remand?”

3. “Whether a petitioner has a right to argue the merits of its appeal of the PTAB’s final disposition of remanded IPRs when the PTAB refused to provide petitioner due process, acted arbitrarily, or otherwise exceeded its authority?”

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