; and (ii) the prosecution history pertaining to the patent; and (B) if a court has previously construed a challenged claim of a patent or a challenged claim term in a civil action to which the patent owner was a party, the Office shall consider that claim construction. . (b) Burden of proof Section 316(e) of title 35, United States Code, is amended to read as follows: (e) Evidentiary standards (1) Presumption of validity The presumption of validity under section 282(a) shall apply to a previously issued claim that is challenged during an inter partes review under this chapter. (2) Burden of proof In an inter partes review instituted under this chapter, the petitioner shall have the burden of proving a proposition of unpatentability of a previously issued claim by clear and convincing evidence. . (c) Standing Section 311 of title 35, United States Code, is amended by adding at the end the following: (d) Persons that may petition (1) Definition In this subsection, the term charged with infringement means a real and substantial controversy regarding infringement of a patent exists such that the petitioner would have standing to bring a declaratory judgment action in Federal court. (2) Necessary conditions A person may not file with the Office a petition to institute an inter partes review of a patent unless the person, or a real party in interest or privy of the person, has been— (A) sued for infringement of the patent