Claim Constructions In PTAB Vs. District Court

This is the third article in WilmerHale’s series of Expert Analysis pieces concerning post-grant issues — the first, “Lessons From Inter Partes Review Denials,” was published Aug. 7, while the most recent, “When Inter Partes Review Meets Hatch-Waxman Patents,” published Sept. 9.

With the advent of post grant proceedings implemented by the U.S. Patent and Trademark Office according to the America Invents Act of 2011, there has been much focus on claim construction issues and the interplay between the PTO proceedings and parallel district court proceedings involving...

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