Interference procedings

Question 1

Why is this still important post AIA?

Answer 1

Still possible to file apps that will be examined under pre AIA

If the parent was pre AIA then the continuation would be pre AIA

For example, 5-10 years later, continuations still filed

Question 2

Interference (pre AIA 102 (g)) or derivativation?

Answer 2

If both AIA, then derivation
If both pre AIA, then interference
If one pre AIA and the other AIA, fight in the interference… because unfair that the pre AIA party fights derivation. (Since AIA includes priority to foreign patents in PCT)