Whether “[t]he panel decision warrants en banc rehearing because the panel went outside the grounds as set forth in the IPR petition to reverse the Board’s determination of patentability, which is a clear violation of the Supreme Court’s decision in SAS Institute Inc. v. Iancu, 138 S.Ct. 1348 (2018).”
Whether “[t]he panel decision warrants en banc rehearing because the panel afforded the PTAB no deference and should have, but did not, review the PTAB decision to determine if the Board’s decision was ‘arbitrary and capricious’ or ‘unsupported by substantial evidence’ in accordance with Section 706 of the Administrative Procedure Act pursuant to the Supreme Court’s decision in Dickinson v. Zurko, 527 U.S. 150 (1999).”
