Derivation Defense

CREATIVE COMPOUNDs, LLC. .V STARMARK LABORATORIES

• In order to establish derivation, Creative was required to “prove both prior conception of the invention by another and communication of that conception to the patentee.” Eaton Corp. v. Rockwell Int’l Corp., 323 F.3d 1332, 1334 (Fed. Cir. 2003).