1. “Whether the panel lacked jurisdiction under 35 U.S.C. § 314(d) to determine whether the U.S. Patent and Trademark Office (‘PTO’) properly instituted and ordered joinder of an inter partes review (‘IPR’) proceeding.” 2. “Whether 35 U.S.C. § 315(c), which governs joinder in IPR proceedings, grants discretion to permit joinder if a petition raises new issues.” 3. “Whether 35 U.S.C. § 315(c) grants discretion to permit joinder of a petitioner who is already a party to the existing IPR proceeding.” 4. “Whether deference is owed to interpretations of IPR statutory provisions in decisions by the PTO’s Precedential Opinions Panel, which conducts formal adjudications and is convened to establish binding agency authority on major policy and procedural issues.”
