Originally published on Law360, August 26, 2013
When the same patent claims are at issue in both a district court and an inter partes review, predicting how each forum's claim constructions might affect the other's is a key strategic question. Each forum applies a different claim construction standard and uses a different claim construction procedure. This could lead to different constructions of the same claim in a district court litigation and an inter partes review. Despite these differences and potential conflicts — or because of them — each forum is likely to consider the constructions of the other.
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