
Federal Circuit Clarifies Independent Conception Standard for AIA Derivation, PTAB Litigation Blog
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More than a decade after the enactment of the America Invents Act (AIA), the Federal Circuit has issued its first opinion addressing an AIA derivation proceeding. In Global Health Solutions LLC v. Selner, the court clarified that in such proceedings, a first-to-file respondent need only demonstrate independent conception—not earlier conception—to defeat a petitioner’s derivation claim.