What a difference two years can make.
In 2012, the America Invents Act (“AIA”) created new proceedings to challenge the validity of claims in issued patents. These proceedings are administered by the United States Patent & Trademark Office’s Patent Trial and Appeal Board (“PTAB” or “Board”) and are heard by a panel of administrative patent judges who make rulings regarding institution of trials, discovery matters and ultimately, the patentability of the claims.
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