Percept Technologies Inc. v. Squires
CourtCourt of Appeals for the Federal Circuit
Date FiledOctober 28, 2026
Docket26-1835
StatusUnpublished
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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NOTE: This order is nonprecedential.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