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How PTAB claim construction change will affect proceedings

Michael Loney, New York

Patent owners may not benefit from the proposed shift to the Phillips claim construction standard at the PTAB if it increases the chance of a stay and leads to a less nuanced Markman construction

Patent owners have long called for the change proposed by the USPTO last week for the Patent Trial and Appeal Board (PTAB) to use the Phillips standard for claim construction. But it is questionable they would benefit much from it.

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