New Vision Gaming & Development, Inc. v. SG Gaming, Inc.

 
APPEAL NO.
20-1399
OP. BELOW
OPINION
TBD
SUBJECT
Patent
AUTHOR
TBD

Issue(s) Presented

  1. “Whether the unusual 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 Patent Trial and Appeal Board (‘PTAB’) decision should be set aside under 5 U.S.C. § 706(2)(A) because the PTAB (a) did not consider, as part of its discretion to deny institution, a contractual obligation that precluded an AIA post-grant challenge, and (b) placed the burden on the patent owner to identify a ‘contractual estoppel defense.’”
  3. “Whether the PTAB’s decision should be vacated and remanded because the PTAB panel that decided the case was unconstitutional under the Appointments Clause.”
  4. “Whether the PTAB erred in holding the claims as directed to patent-ineligible subject matter under 35 U.S.C. § 101.”

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