This case was reconsidered due to the Supreme Court's recent analysis in Cuozzo, which stated that 314(d) bars only review of questions "closely related" or "closely tied" to "the application and interpretation of statutes related to the Patent Office's decision to initiate inter partes review". Cuozzo, 136 S. Ct. at 2141-42. Here, in Medtronic, the PTAB observed that it is difficult to conveive any case more "closely related" to a decision to institute proceedings than a reconsideration of that very decision. Finding no conflict with Cuozzo, the PTAB reaffirmed its earlier holding. As such, petitioners must take great care in compliance with post grant proceeding procedures at the PTAB when attempting the institution of a proceeding, as there are no second chances of an appeal under current law.
The full decision is available at http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1977.Opinion.10-18-2016.1.PDF.