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Expert Analysis

A Window Into PTAB Derivations

By Michael Turner, Clifford Ulrich and Mark Chapman (February 8, 2019, 1:00 PM EST) -- The Patent Trial and Appeal Board recently held its first hearing in a derivation proceeding, in Andersen Corp. v. GED Integrated Solutions Inc. Since the derivation procedure created by the America Invents Act went into effect in 2013, the Andersen case is the first and, to date, the only derivation proceeding to be instituted by the PTAB. Now that oral argument is completed, it is expected that the PTAB will issue a final decision in the first few months of 2019. That decision may provide meaningful PTAB guidance for future derivation proceedings....

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