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Expert Analysis

New Claim Construction At PTAB: Lessons From ITC Cases

By Sasha Rao (November 6, 2018, 1:43 PM EST) -- The Patent Trial and Appeal Board's adoption of the Phillips standard[1] resolves a major cause of consternation for district courts relying on the PTAB's claim constructions. Although existing variations in the use of PTAB decisions make the federal judiciaries' reaction to the PTAB's new standard difficult to predict on a court-by-court-basis, inferences may be reasonably drawn from their treatment of claim construction by the U.S. International Trade Commission....

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