This opinion concerns an appeal before the United States Court of Appeals for the Federal Circuit in the case of Global Health Solutions LLC v. Marc Selner and was decided on August 26, 2025. The core issue revolves around a derivation proceeding under the Leahy-Smith America Invents Act of 2011 (AIA), which transitioned the U.S. patent system from "first-to-invent" to "first-inventor-to-file." Global Health Solutions (GHS) alleged that Selner, who filed his patent application first, derived his invention from GHS's founder, Bradley Burnam. The Patent Trial and Appeal Board (Board) ruled in Selner's favor, finding he had conceived the invention earlier and independently, a decision upheld by the Federal Circuit, which determined any procedural errors by the Board were harmless. The appeal also addresses GHS's arguments regarding corroboration of evidence, the burden of proof, and the necessity of reduction to practice for conception, all of which the court rejected.

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