1. “Whether the retroactive application of inter partes review under the Leahy–Smith America Invents Act, Pub. L. No. 112-29, 125 Stat. 284 (2011), the ‘AIA’, to Petitioner’s patent issued eight years before the passage of the AIA deprived Petitioner of its vested property in violation of the Due Process Clause of the Fifth Amendment?”
2. “Whether the Federal Circuit erred in its published opinion affirming that the district court lacked jurisdiction under 28 U.S.C. § 1331 to entertain Petitioner’s as applied constitutional challenge to the retroactive application of inter partes review to its patent issued in 2003.”
