Biodelivery Scis. Int'l, Inc. v. Aquestive Therapeutics, Inc.

The Patent Trial and Appeal Board, on remand from the Federal Circuit, rejected this Court's remand instruction to implement the Supreme Court's holding in SAS Institute . The Board's action departs from principles of appellate review, and negates the agency's obligations under the America Invents Act. From my colleagues' endorsement of these irregular positions, I respectfully dissent.

The Federal Circuit's Remand Order

Three petitions for inter partes review ("IPR") were filed by BioDelivery. The PTAB granted the petitions on selected claims and a single ground for each petition, as practice…