Federal Circuit Decides First Derivation Appeal

Seven years after the PTAB instituted the first AIA derivation proceeding , the Federal Circuit finally issued its first opinion in an appeal of a derivation decision, Global Health Solutions, LLC v. Selner , No. 23-2009 (Fed. Cir. 2025), affirming the Board&rsquo;s decision that the petitioner did not carry its burden to show respondent (Selner) derived the invention from the petitioner&rsquo;s…