1. “Whether the structure for instituting and funding AIA post-grant reviews violates the Due Process Clause in view of Tumey v. Ohio, 273 U.S. 510 (1927), and its progeny, which establish ‘structural bias’ as a violation of due process.”
2. “Whether the Director’s and the PTAB’s decisions should be set aside under 5 U.S.C. § 706(2)(A) because the Director and the PTAB (a) wholly ignored a contractual obligation that precluded an AIA post-grant challenge, (b) placed the burden on the patent owner to identify a ‘contractual estoppel defense,’ and (c) overlooked the ability to terminate under 37 C.F.R. § 42.72.”
