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Perhaps the greatest benefit of the new America Invents Act (AIA) post-grant proceedings for both patent owners and challengers is that they are heard by the Patent Trial and Appeal Board (PTAB). This is a panel of experienced administrative patent judges who habitually prepare extremely well for each case and concentrate on details and fact-finding. With this approach, the PTAB provides a process for challenging patents that is based as much as possible on evidence and not emotional appeals. A good understanding of the unique way in which the PTAB operates is crucial for all parties involved in an AIA post-grant review proceeding.

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