One aspect of post-grant proceedings is that the patent claims that are finally confirmed by the patent office may be narrowed by the proceedings. In a case where the claims are narrowed and a substantive amendment made to narrow the claims, there is a substantial possibility that past damages will be forgiven because the substantive narrowing triggers intervening rights which results in essentially a new claim, and that new claim will then have damages arising from the date that that new claim is confirmed by the patent office at best.