Percept Technologies Inc. v. Squires

Percept Technologies Inc. v. Squires The Federal Circuit granted the Director's motion to remand for the limited purpose of providing further explanation, over Percept's opposition. The Director expressed a substantial and legitimate concern that the Board's decision lacked adequate reasoning on how the prior art meets the disputed eye-tracking limitation. The court will generally allow an agency's request for a voluntary remand when it identifies a substantial and legitimate concern about its own decision, even over the opposition of the patent owner, though it expects the remand to proceed expeditiously. Motion granted; remanded for limited purpose. Percept appealed from the Board's decision in IPR2023-00495; the Director intervened and moved to remand for additional proceedings, and Percept opposed. Under SKF USA Inc. v. United States, an agency may request remand to reconsider its position, and remand is usually appropriate where the agency expresses a substantial and legitimate concern about its earlier decision. The Director said the Board's decision did not adequately reason how the prior art in any of the petition's grounds meets the limitation 'a dynamic eye tracking mechanism in communication with the lens.' The court was sympathetic to Percept's concerns about further delay, expected the Director to proceed expeditiously, and granted remand only to allow further explanation of the referenced issues. Each party bears its own costs. remand § 103 non-precedential remand non-precedential remand