1. “Whether this Court must interpret and apply the words ‘under this section’ as used in the No-Appeal bar, 35 U.S.C. § 314(d), without regard to whether appeal is taken by a patent owner or by a petitioner.” 2. “Whether this Court must evaluate the Board’s decision on the basis of what the Board did as opposed to what the Board could have done, as mandated by binding Supreme Court law.” 3. “Whether and to what extent this Court’s en banc decision in Wi-Fi One, LLC v. Broadcom Corp., 878 F.3d 1364 (Fed. Cir. 2018), which held that decisions not made ‘under this section’ do not fall within the scope of the No-Appeal bar, overruled prior panel decisions of this Court holding that non-institution decisions not made ‘under this section’ do fall within the scope of the No-Appeal bar . . . .”
