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One of the advantages of the post-grant challenges that we’ve been talking about, IPRCBMs and PGRs, is that they provide more than just a final decision by the patent office on patentability. Many times the patent office will actually determine claim constructions and other important aspects relating to the patent, such as priority dates, and things of that nature. Any of these things that are determined by the patent office can assist the trial court in simplifying the issues that must be tried in district court should the patent survive the challenge.
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Minneapolis patent attorney Tim Bianchi explains how post grant proceedings can be used to limit and define issues tried in district court.