“Whether, by adopting the NHK-Fintiv Rule without notice-and-comment rulemaking, the Director violated (1) the APA, 5 U.S.C. § 553, and (2) the AIA, 35 U.S.C. § 316(a)(2), (4).”
“[W]e affirm the district court’s judgment rejecting Apple’s challenges to the Director’s instructions as having improperly been issued without notice- and-comment rulemaking procedures.”
