; and (B) the petitioner shall have the burden of persuasion, by a preponderance of the evidence, with respect to a proposition of unpatentability for any substitute claim proposed by the patent owner. ; and (3) by adding at the end the following: (f) Claim construction For the purposes of this chapter— (1) each challenged claim of a patent, and each substitute claim proposed in a motion to amend, shall be construed as the claim would be construed under section 282(b) in an action to invalidate a patent, including by construing each such claim in accordance with— (A) the ordinary and customary meaning of the claim as understood by a person having ordinary skill in the art to which the claimed invention pertains; and (B) the prosecution history pertaining to the patent; and (2) 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. . (e) Settlement Section 327(a) of title 35, United States Code, is amended by striking the second sentence. (f) Timing To issue trial certificates and decisions on rehearing Section 328 of title 35, United States Code, is amended— (1) in subsection (b), by inserting , not later than 60 days after the date on which the parties to the post-grant review have informed the Director that the time for appeal has expired or any appeal has terminated, after the Director shall