motion to vacate and remand following the issuance of this court’s mandate in Power Integrations. Under the version of 35 U.S.C. § 317(b) (2006) that governs this case, no inter partes reexamination proceeding can be brought or “maintained” on “issues” that a party “raised or could have raised” in a civil action arising in whole or in part under 28 U.S.C. § 1338 once “a final decision has been entered” in the civil action that “the party has not sustained its burden of proving the invalidity” of the patent claim. Put simply, “[i]f a defendant brought an invalidity challenge in a district court litigation and was unsuccessful, it is not permitted to bring the same challenge in an inter partes reexamination.” Function Media, L.L.C. v. Kappos, 508 Fed. Appx. 953, 955-56 (Fed. Cir. 2013) (<HOLDING>). We have held that this restriction applies
holding that there was no basis for continuing an appeal in light of  317b holding that there is a rational basis for the distinction holding there was no claim and no basis for a claim of surprise concerning allegation of a former conviction holding that it is well settled that there is no constitutional right to an appeal holding that there is no constitutional right to appeal a criminal conviction