In Global Health Solutions, LLC v. Selner, the US Court of Appeals for the Federal Circuit issued its first decision reviewing a 35 U.S.C. § 135 Leahy-Smith America Invents Act of 2011 (AIA) derivation proceeding. The Federal Circuit clarified the elements of a derivation claim and affirmed the Patent Trial and Appeal Board’s (PTAB) determination of no derivation under the AIA’s first-to-file system.
Source link
Independent Conception Sufficient to Defeat AIA Derivation Claim: Federal Circuit
