Percept Technologies Inc. v. COKE MORGAN STEWART, Acting Under Secre- tary of Commerce for Intellectual Property

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
PERCEPT TECHNOLOGIES INC.,
Appellant
v.
COKE MORGAN STEWART, Acting Under Secre-
tary of Commerce for Intellectual Property and Act-
ing Director of the United States Patent and
Trademark Office,
Intervenor
______________________
2024-2371
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2023-
00495.
______________________
ON MOTION
______________________
Before REYNA, HUGHES, and STOLL, Circuit Judges.
STOLL, Circuit Judge.
O R D E R
The Acting Director of the United States Patent and
Trademark Office moves unopposed to waive Federal
Case: 24-2371 Document: 23 Page: 1 Filed: 09/12/2025

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PERCEPT TECHNOLOGIES INC. v. STEWART 2
Circuit Rule 27(f) and remand this appeal to the USPTO.
In particular, the Acting Director states that the underly-
ing decision “provides no reasoning as to how the prior art
meets [a disputed] claim limitation under any of the peti-
tioner’s asserted grounds” and asks for remand “for the
agency to issue a revised decision,” “which may moot the
need for an appeal or, in the alternative, will likely stream-
line the issues on appeal.” ECF No. 19 at 2, 4.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted. The case is remanded to the
USPTO for further proceedings consistent with the motion
and this order. This court takes no position on whether the
decision should be revised.
(2) Each party shall bear its own costs as to this ap-
peal.
September 12, 2025
Date
FOR THE COURT
ISSUED AS A MANDATE: September 12, 2025
Case: 24-2371 Document: 23 Page: 2 Filed: 09/12/2025

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