Federal Circuit Affirms First-Filer Determination

In Global Health Solutions LLC (Burnam) v. Selner, No. 23-2009 (Fed. Cir. August 26, 2025), the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) did not commit reversible error in its application of the independent corroboration requirement. The Federal Circuit affirmed the PTAB's finding in favor of the first-filer. The Federal Circuit explained that "to meet its prima facie burden in an AIA derivation proceeding, the petitioner must produce evidence sufficient to show (i) conception of the claimed invention, and (ii) communication of the conceived invention to the respondent prior to respondent's filing of that patent application. A respondent can overcome the petitioner's showing by proving independent conception prior to having received the relevant communication from the petitioner."