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The Impact Of Changing The PTAB's Claim Construction Test

April 23, 2018, Law360

Scott Kamholz is quoted in a Law360 article regarding speculation that the Patent Trial and Appeal Board may switch to the claim construction standard used in district court. Kamholz says that by having courts and the PTAB work on the same standard, there is a stronger basis for judges in one forum to rely on claim constructions rulings in the other. "By increasing predictability you make it easier for the parties to make decisions about how they're going to conduct these proceedings."

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