1. “[W]hether the Director of the USPTO can accept a petition for Inter Partes Review (‘IPR’) from a party, where acceptance of that petition requires determination of an issue outside the scope of the jurisdiction of the agency’s authority.”
2. “[W]hether the Patent Trial and Appeal Board’s (‘PTAB’) failure to consider, in determining the real parties in interest (‘RPI’), whether members of a joint venture that included an admitted RPI of the Petitioner were a combination of competitors acting in restraint of trade in violation of the Sherman Act and should have therefore each been considered a RPI, was an unconstitutional deprivation of due rights process or resulted in an impermissible taking under the [Fifth] [A]mendment.”
