In this episode of our Post-Grant Podcast series, Andy Zappia and Ted Merkel delve into the complexities of the least-used proceeding created by the America Invents Act (AIA): namely derivation proceedings. The discussion highlights the first Federal Circuit decision reviewing a derivation proceeding and examines the challenges petitioners face in these cases, particularly the number of elements that petitioners must prove. The hosts also explore the alternative legal strategies, including correction of inventorship claims in district court, which may offer more strategic advantages.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.