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The America Invents Act introduced three new proceedings for challenging the validity of patents. The proceedings—inter partes review, post-grant review and a transitional program for covered business-method patents—culminate in an oral hearing before the Patent Trial and Appeal Board. The hearing, held before a panel of administrative patent judges, is followed by a written decision. Before the hearing, the parties may engage in limited discovery to prepare their positions. But without agreements among the parties, additional discovery requires a motion and leave from the board.
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