The PTAB issued a final written decision in Andersen Corp.
v. GED Integrated Solutions, Inc., DER2017-00007, concluding
its first derivation proceeding instituted under 37 C.F.R.
§ 42.400 et seq. (Paper 57.)
Andersen had not demonstrated, by a preponderance of the
evidence, that an inventor of GED's patent had derived any of
the inventions recited in claims 1-22 from an inventor of
Andersen's patent application. (Id. at 66.)
Accordingly, the Board denied Andersen's request to
cancel the challenged claims.
While there is no statutory requirement to complete a derivation
proceeding within a year, the final written decision issued within
one year of the March 21, 2018 institution date. (Paper 32.)
We previously discussed this case's institution decision
here and oral argument here on the AIA Blog.
