On August 26, 2025, in its first post-America Invents Act (“AIA”) review of a derivation proceeding before the Patent Trial and Appeal Board (“PTAB” or “Board”), the United States Court of Appeals for the Federal Circuit affirmed the PTAB’s determination that Marc Selner (the respondent and appellee), who filed his patent application before Global Health Solutions LLC (“GHS,” the petitioner and appellant), was the proper inventor of the patent.

In a derivation proceeding, governed by 35 U.S.C. § 135, a petitioner may challenge the general rule of the AIA’s first-to-file system. In such a proceeding, a first inventor, but second-patent-application filer, seeks to prove that the first-patent-application filer “derived” his invention from the first inventor. If the petitioner successfully de

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