FedEx petitioned for inter partes review of Qualcomm patents but the PTAB instituted review while declining to fully resolve Qualcomm's RPI objections. FedEx appealed the final written decision, arguing the PTAB committed post-institution procedural errors and seeking vacatur. The Federal Circuit distinguished between reviewable statutory deviations that occur after institution and threshold challenges to whether institution should have happened at all. The court aligned its reasoning with prior precedent limiting exceptions to § 314(d)'s bar to constitutional claims and actions plainly outside the agency's delegated authority.
Patent practitioners should recalibrate IPR strategy around this ruling. Petitioners cannot use appellate review to challenge RPI determinations made during the institution phase, eliminating a potential avenue to overturn unfavorable decisions. Patent owners relying on RPI arguments must press them forcefully before institution, knowing the PTAB's handling of such objections will not be subject to appellate correction. The decision closes what some viewed as a procedural workaround to challenge institution decisions and reinforces the finality of the PTAB's threshold determinations.