Full Opinion

Case: 26-1835 Document: 21 Page: 1 Filed: 10/28/2026 NOTE: This order is nonprecedential.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. LINN, Circuit Judge. ORDER The Director of the United States Patent and Trade- mark Office moves to remand for additional proceedings. Percept Technologies Inc. opposes. Case: 26-1835 Document: 21 Page: 2 Filed: 10/28/2026 2 PERCEPT TECHNOLOGIES INC. v. SQUIRES An agency may properly request a remand to recon- sider its previous position. SKF USA Inc. v. United States, 254 F.3d 1022, 1029 (Fed. Cir. 2001). In such cases, re- mand is “usually appropriate” if the agency expresses a “substantial and legitimate” concern about its earlier deci- sion. 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 track- ing mechanism in communication with the lens.’” ECF No. 18 at 3. While we are sympathetic to Percept’s con- cerns 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 al- lowing the Director to provide further explanation regard- ing the issues referenced in this order and the motion. (2) Each party shall bear its own costs. FOR THE COURT October 28, 2026 Date