"Why can't there be one validity test for both entities?"

That's where we are at....the PTAB is doing the Validity...e.g MSFT vs e.Digital on data structure...The court is doing claims language and what a claim is limited to in the business environment.....specific or more broad than a specific.

The court previously processed validity, but it now seems regulated back to the USPTO because of new legislation and a defendants choice to impose validity.

Never mind how far reaching a patent might be considered in claim terms....Seems to me the USPTO needs a new method of prior art comparison for validity (taught in specification explanations) before a patent is published.

Specification teaches what the invention does in specific ways with limitations to those teachings.

The claims broaden out on what the specification teaches.

As I see things, the legal profession and media commentary go to great length to confuse the two.

doni