1. Whether courts may review an agency's ruling on whether the § 325(d) Multiple-Proceedings rule applies and bars an IPR's institution when (1) the analysis of whether that rule applies does not require an evaluation of the IPR's invalidity merits; and (2) § 325(d) specifies criteria for the rule's application, viz., that a prior PTO proceeding presented the "same or substantially the same prior art or arguments" as those in the IPR petition.

2. Whether the Board erred in instituting an IPR notwithstanding 35 U.S.C. § 325(d) when (1) the same or substantially the same prior art and arguments in the IPR were presented to the PTO in multiple prior reviews; (2) the text of § 325(d) does not require that the same party have previously filed or participated in such prior PTO reviews, contrary to the Board's standard; and (3) other AIA provisions address this "same party" or "estoppel" context.

Whether courts may review an agency's ruling on the multiple-proceedings rule under 35 U.S.C. § 325(d)