NOTE: This order is nonprecedential. United States Court of Appeals
for the Federal Circuit
PERCEPT TECHNOLOGIES INC.,
Appellant
v.
JOHN A. SQUIRES, Under Secretary of Commerce
for Intellectual Property and Director of the United
States Patent and Trademark Office,
Intervenor
2026-1835
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2023-00495.
ON MOTION
Before CHEN, LINN, and CUNNINGHAM, Circuit Judges.
O R D E R
The Director of the United States Patent and Trademark Office moves to remand for additional proceedings. Percept Technologies Inc. opposes.
22 PERCEPT TECHNOLOGIES INC. v. SQUIRES
An agency may properly request a remand to reconsider its previous position. SKF USA Inc. v. United States, 254 F.3d 1022, 1029 (Fed. Cir. 2001). In such cases, remand is “usually appropriate” if the agency expresses a “substantial and legitimate” concern about its earlier decision. Id. Here, the Director states he “has a substantial and legitimate concern that the decision on remand does not provide adequate reasoning for any of the petition’s grounds as to how the prior art asserted in those grounds meets the disputed claim limitation ‘a dynamic eye tracking mechanism in communication with the lens.’” ECF No. 18 at 3. While we are sympathetic to Percept’s concerns regarding further delay, we expect the Director to conduct the remand proceedings in an expeditious manner.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted for the limited purpose of allowing the Director to provide further explanation regarding the issues referenced in this order and the motion. (2) Each party shall bear its own costs.
FOR THE COURT
October 28, 2026 Date