“This Court has never considered the effect of a remand overturning a holding on which Patent Owner relied in drafting its amended claims. Here, the Panel Opinion overturned an aspect of the Final Written Decision which effectively overturned the Board’s Institution Decision on which Patent Owner relied in drafting its amended claims, as well as in the Board’s preliminary guidance on which Patent Owner relied in choosing not to further amend its claims. This is an issue of first impression. Just as this Court encouraged the PTAB to remedy its relevant actions below in light of the Panel Opinion regarding claim 8, it should similarly allow Patent Owner to remedy its relevant actions below in light of the same.”
