Questions Presented by Alacritech: 1. “Whether Intel forfeited an Arthrex challenge to the portion of the PTAB’s decision concerning claims 31-33 because Intel voluntarily chose to file a petition before the PTAB.” 2. “Whether Intel forfeited an Arthrex challenge to the portion of the PTAB’s decision concerning claims 31-33 because Intel omitted such challenge from its opening brief in this Court.”
Questions Presented by Intel: 1. “Whether the case should be allowed to proceed on the merits when no party is requesting remand based on Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019).” 2. “Whether litigants who failed to raise an Appointments Clause challenge before the Patent Trial and Appeal Board (‘PTAB’ or ‘Board’) should be permitted to raise such a challenge on appeal when there is no need for timely resolution or remedial action.” 3. “If administrative patent judges (‘APJs’) are principal officers, what remedy is warranted for this and similarly-situated cases.” 4. “Whether APJs of the PTAB are inferior or principal officers of the United States under the Appointments Clause.”
