In its first precedential review of an AIA derivation proceeding, the Federal Circuit held that to prove derivation, a petitioner has the burden of showing that the petitioner conceived the claimed subject matter and communicated the invention to the respondent before the respondent filed its application. The respondent can overcome the petitioner’s showing by proving independent conception prior to receiving the petitioner’s communication….
By: White & Case LLP
By: White & Case LLP
