""The two concurring judges could have made their view the opinion of a panel majority, but the court published it as a concurrence, which has no binding effect on other Federal Circuit panels or on the PTAB. The full Federal Circuit is set to rule within the next few months on the broader issue of parties’ ability to appeal issues that arise in PTAB decisions to institute trial in Wi-Fi One, LLC v. Broadcom Corp . The Supreme Court, in Cuozzo Speed Techs., LLC v. Lee , stated that PTAB “shenanigans” at the trial-institution stage are appealable, and the 12-member Federal Circuit is considering the boundaries of that term.""