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AIA Trial Proceedings were designed by Congress to provide an alternative route to challenging patent validity.  Now, with the alignment of the courts and Patent Trial & Appeal Board (PTAB) on critical matters of claim construction, and with the Board's expedited schedule outpacing all but the most aggressive of district court dockets, the PTAB is providing a new alternative — a potential path away from Markman determinations. Given the additional potential for simplification of district court issues, the PTAB is positioned to become the first phase of a new bifurcated system of sorts.  That is, the first-in-time claim construction may begin to drive the critical issue of claim cons...