Dunlap Codding Associate Genni Ellis Quoted in Law360 re First Derivation Proceeding at USPTO

Genni Ellis was recently quoted in Law360 in an article by Ryan Davis on March 27, commenting on the first ever instituted derivation proceeding at the USPTO Patent Trial and Appeal Board (Andersen Corp. v. GED Integrated Solutions Inc., case number DER2017-00007). "The case is almost a perfect example, Ellis said." "The facts are pretty much on point as to what the statute was written for." Ellis also noted that it took five years for the PTAB to institute the first one—the review of a window patent challenged by Andersen Corp. The case illustrates what it takes to successfully petition for a derivation; however, the facts of the case were perfectly teed up for the statute.