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Derivation Proceeding Inventions

Jones Day

Derivation Decision Offers Several Reminders for Petitioner

Jones Day on

The PTAB recently issued a rare decision instituting a derivation proceeding, in Global Health Solutions LLC v. Selner, DER2017-00031 (“GHC”). The GHC institution decision provides several lessons for future petitioners...more

Morgan Lewis

Derivation Proceedings

Morgan Lewis on

A petitioner can use derivation proceedings to challenge the inventorship of an invention claimed in a published pending application or an issued patent. Only applications and patents having at least one claim with an...more

Foley & Lardner LLP

Court Rejects Theory Of Derivation Based On FDA Requirement

Foley & Lardner LLP on

The Federal Circuit decision in Cumberland Pharmaceuticals Inc. v. Mylan Institutional LLC may be more interesting for what Mylan argued than for what the Federal Circuit decided. However, it could be an important decision...more

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