1. “Did the USPTO violate the Constitution’s separation of powers, the America Invents Act (‘AIA’), and the APA by denying institution based solely on a preference for ex parte reexamination?” 2. “Did the USPTO exceed its authority and violate the Fifth Amendment’s Due Process Clause by applying a novel rationale retroactively?” 3. “Is the USPTO’s basis for denying IPR here arbitrary and irrational, contrary to the Fifth Amendment and the APA?” 4. “Did the USPTO violate the Fifth Amendment and the APA by disregarding its own precedent?”
