1. “Whether 35 U.S.C. § 315(b) of the America Invents Act (‘AIA’) requires the Patent Trial and Appeal Board (‘Board’) to assess the timeliness of inter partes review (‘IPR’) petitions as of their filing dates.” 2. “Whether 35 U.S.C. § 314(d) permits appeal of the Board’s decision to institute an IPR upon finding that § 315(b)’s timeliness requirement did not apply.”
