Analysis

4 Takeaways From PTAB's First Derivation Decision

Law360 (March 27, 2019, 8:58 PM EDT) -- The Patent Trial and Appeal Board's first-ever derivation decision, in a case involving a window patent, puts a spotlight on the relatively new and little-used America Invents Act proceeding while offering useful insights for patent owners and would-be challengers.

The March 20 decision came in a proceeding requested by Andersen Corp., the country's largest maker of windows and doors, which alleged that one of its employees actually came up with an invention that was patented by GED Integrated Solutions Inc. The PTAB ruled in favor of GED and refused to cancel the patent's claims.

The ruling broke new ground for the board,...

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