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One of the side effects of having this new option of post-grant challenges under the American Invents Act is that parties have to now consider which challenges they would rather bring in the patent office under these patent office trials, versus in district court. So depending on the efficacy of the challenge in the patent office, a district court action will be tailored to work with the post-grant proceeding if it’s properly done.
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Minneapolis patent attorney Tim Bianchi discusses the impact of post-grant proceedings on the challenges asserted in litigation.