1. “Whether the USPTO violated the APA and AIA by imposing limitations on IPR institution without notice-and-comment rulemaking, including:”
a. “Applying the new ‘settled expectations’ rule without authority or reasoned decision making; and”
b. “Applying the new ‘road mapping’ rule without authority or reasoned decision making;”
2. “Whether the USPTO violated due process by unlawfully applying a new bar to IPR2025-00958; and”
3. “Whether the USPTO exceeded its authority—in violation of the APA and the Constitution’s separation of powers—by inventing IPR institution criteria untethered to the AIA.”
