Whether the Federal Circuit erred in upholding joinder of a party under 35 U.S.C. §315(c), where the joined party did not 'properly file[ ] a petition' for inter partes review within the statutory time limit

question presented is: Whether the Federal Circuit erred in upholding joinder of a party under 35 U.S.C. §315(c), where the joined party did not “properly file[ ] a petition” for inter partes review within the statutory time limit. 2. The Federal Vacancies Reform Act establishes “the exclusive means for temporarily authorizing an acting official to perform the functions and duties” of a vacant presidentially appointed, Senate-confirmed office. 5 U.S.C. §3347(a); see §3345(a). In United States v. Arthrex, 141 S. Ct. 1970 (2021), this Court held that Article II requires that PTAB decisions be subject to review by a presidentially appointed, Senate-confirmed the Director of the U.S. Patent and Trademark (i) ii Office. When petitioner VirnetX sought that review here, the position of Director was vacant. Nor was there a temporary officer who had been authorized to perform the Director’s functions and duties in conformity with the FVRA’s exclusive mechanisms. Instead, the PTO had adopted its own succession plan that purported to authorize the Commissioner for Patents—who is neither appointed by the President nor confirmed by the Senate—to perform the Director’s functions and duties, including review of PTAB decisions under Arthrex. VirnetX’s request for Director review was thus denied by the Commissioner for Patents. The second question presented is: Whether the Commissioner’s exercise of the Director’s review authority pursuant to an internal agency delegation violated the Federal Vacancies Reform Act.