Was “the Board’s disposition of Nichia’s IPR Reply arguments that were based on the non-planar construction of ‘mounting surface’ proposed by DSS and ultimately adopted by the Board?”
And “if the panel did not overlook Nichia’s alternative IPR Reply arguments made in response to DSS’s post-institution construction of ‘mounting surface,’ but rather held that it did not need to reach them, [whether] such a position conflicts with this Court’s precedential decision Axonics, Inc. v. Medtronic, Inc.?”
