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Apr. 18, 2015

Claim construction: the PTAB versus district courts

The Federal Circuit recently had the opportunity to decide whether to harmonize the claim construction standard in the Patent Trial and Appeal Board with that of district courts. By Brandon Stroy and Sasha Rao


By Brandon Stroy and Sasha Rao


Inter partes review (IPR) and covered business method (CBM) review in the U.S. Patent and Trademark Office (PTO) have proven popular among patent infringement defendants since their debut in 2012. Although these proceedings were designed to provide faster, lower cost alternatives to district court litigation, and a fair adjudication of the validity of challenged patents, they have some built-in characteristics that can be seen as u...

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