First Patent Derivation Decisions by PTO Use Established Standards to Deny Petitions

A recent BNA Daily Report for Executives highlighted an adidas success in derivation proceeding challenges by Catapult Innovations. In the inaugural PTAB decision on a derivation challenge under the AIA, the Board denied Catapult’s claims accusing adidas of filing derived patent applications. The ruling not only discredits Catapult’s claims but makes clear that the PTAB’s derivation analyses under the AIA will follow the standards set for pre-AIA interferences. David K.S. Cornwell and Mark W. Rygiel were adidas’ representatives in these proceedings.