The U.S. Patent & Trademark Office (USPTO) released a new rule-making proposing a change in post-issuance patent claim construction methodology and cited an article by Professor Jay Kesan for empirical support.

The proposed rule-making notes that "[o]ne study found that 86.8% of patents at issue in AIA trial proceedings also have been the subject of litigation in the federal courts," and cites to a 2016 article by Kesan (with S. Vishnubhakat and A. Rai), "Strategic Decision Making in Dual PTAB and District Court Proceedings," 31 Berkeley Tech. L.J. 45 (2016).