Stephen B. Maebius

Stephen B. Maebius

Foley & Lardner LLP

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High Stakes Race Between Apple and VirnetX: Will PTAB Trump The Texas Jury's Award of $326.5M?

A Texas jury today raised the stakes even higher in a race involving parallel proceedings between the PTAB and Texas district court when it found that Apple infringed the VirnetX patents and awarded to VirnetX $625.6M in...more

2/5/2016 - Apple Damages Inter Partes Review Proceedings Joinder Jury Awards Patent Litigation Patent Trial and Appeal Board Willful Infringement

Supreme Court Accepts 1st IPR Appeal: Cuozzo Could Mark Turning Point for Patent Owners

On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed v. Lee, which represents the first time the high Court will address an AIA proceeding, in this case an IPR decision. Based on the questions presented...more

1/19/2016 - Broadest Reasonable Interpretation Standard Certiorari Claim Construction Cuozzo Speed Technologies Inter Partes Review Proceedings Patent Invalidity Patent Trial and Appeal Board Post-Grant Review SCOTUS

Federal Circuit Backs PTAB Decision Curtailing A Party's Use Of "Supplemental" Information

In Redline Detection v. Star Envirotech, the Federal Circuit confirmed that the PTAB can decline to consider timely filed “supplemental” information from a petitioner (after filing its petition) pursuant to 37 C.F.R. §...more

1/11/2016 - Agency Deference Corporate Counsel Inter Partes Review Proceedings Obviousness Patent Litigation Patent Trial and Appeal Board Supplemental Information

Federal Circuit Confirms Constitutionality of IPR Proceedings

On December 3, 2015, in MCM Portfolio LLC v. Hewlett-Packard Co., a panel of the Federal Circuit unanimously upheld the constitutionality of IPR proceedings, finding that delegation of patent invalidity determinations to a...more

1/7/2016 - America Invents Act Article III Hewlett-Packard Inter Partes Review Proceedings Jury Trial Patent Litigation Patent Trial and Appeal Board

Use of Priority Denial to Subject Apparent "Pre-AIA" Patents to PGR: Inguran v. Premium Genetics

A recent decision by the PTAB, Inguran v. Premium Genetics, demonstrates that a Petitioner may subject an apparent “pre-AIA” patent, having at least one priority date before and at least one priority date after March 16,...more

1/7/2016 - First-to-File Inter Partes Review Proceedings Patent Applications Patent Trial and Appeal Board Post-Grant Review Standing Written Descriptions

Federal Circuit Affirms PTAB's IPR Decision Invalidating A Pharmaceutical Patent

On December 17, 2015, in Merck v. Gnosis, the Federal Circuit affirmed the PTAB’s IPR Decision finding a pharmaceutical patent invalid for obviousness. Justice Newman vigorously dissented from the majority’s view (Justices...more

1/7/2016 - En Banc Review Inter Partes Review Proceedings Merck Obviousness Patent Litigation Patent Trial and Appeal Board Pharmaceutical Patents Substantial Evidence Standard

Proposed Rule Changes For IPR Appeals

On December 3, 2015, the Federal Circuit issued a notice of proposed changes to its Rules of Practice, many of which relate to IPR practice under the AIA... Some of the proposed changes impact the manner by which appeals from...more

1/7/2016 - America Invents Act Appellate Briefs Confidential Information Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board USPTO

Several hedge fund-linked IPR Petitions Instituted: PTAB Finds No Abuse of Process

Following a string of denials, the PTAB has recently instituted IPR against several pharmaceutical patents where the petitions were filed by entities linked to hedge funds. Prior to these recent institution decisions, there...more

1/7/2016 - Abuse of Process America Invents Act Hedge Funds Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board

Estoppel Versus Discretion: How is the PTAB Deciding Multiple Petitions Against the Same Patent?

The PTAB has denied petitions filed by the same petitioner against the same claims, even where the subsequent petition relied upon completely different prior art (IPR2014-00506), reasoning that a petitioner should not hold...more

9/24/2015 - Estoppel Inter Partes Review Proceedings Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patents Prior Art

PTAB Requests Additional Briefing on Hedge Fund IPR Questions: A Decision May Be Near

On Sept. 1, 2015, the PTAB issued an order in Coalition for Affordable Drugs (CFAD) v. NPS Pharmaceuticals for the parties to brief the following questions in 7 business days...more

9/4/2015 - Abuse of Process Hedge Funds Inter Partes Review Proceedings Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patents Pharmaceutical Patents Standing

Kyle Bass Loses Round 1 of IPR Attack Against Pharma/Biotech Patents

On August 24, 2015, the Patent Trial and Appeal Board (PTAB) declined institution of two petitions filed by Coalition For Affordable Drugs for Inter Partes Reviews (IPRs) of Acorda’s patents (U.S. Patent Nos: 8,007,826,...more

8/28/2015 - Abuse of Process Biotechnology Generic Drugs Hedge Funds Information Disclosure Statement Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Owner Preliminary Response Patent Trial and Appeal Board Patents Pharmaceutical Industry Pharmaceutical Patents Prior Art Real Party in Interest

What Is the Latest on Amendments in PTAB Proceedings?

Among other topics, a recent web conference hosted by George Quillin and Jeff Costakos tackled the latest developments in amendment practice before the PTAB. The conference addressed the very recent Federal Circuit...more

8/28/2015 - Inter Partes Review Proceedings Motion to Amend Patent Infringement Patent Litigation Patent Ownership Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Post-Grant Review Prior Art

USPTO Proposes Extensive Changes to AIA Post-Grant Proceedings

Today the USPTO released a 113-page set of proposed changes to AIA post-grant proceedings, including IPR, PGR and CBM proceedings. The USPTO has been attempting to address concerns expressed by the public, having implemented...more

8/21/2015 - America Invents Act Broadest Reasonable Interpretation Standard Covered Business Method Proceedings Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Post-Grant Review Proposed Regulation Rule 11 USPTO

Lessons Learned From the 1st Successful Pharmaceutical IPR Defense of Orange Book Listed Patents

In three petitions filed on the same day in 2013, styled Amneal v. Supernus, Amneal filed what appears to be the first challenge of Orange Book listed pharmaceutical patents that led to institution followed by a final...more

8/20/2015 - Broadest Reasonable Interpretation Standard Claim Construction Examiners Inter Partes Review Proceedings Obviousness Orange Book Patent Trial and Appeal Board Patents Pharmaceutical Industry Pharmaceutical Patents Preponderance of the Evidence Prior Art

Does Spike In IPR Settlements Signify Petitioner Success?

The most recent IPR statistics have shown a sharp increase in the number of settlements, both before and after institution decisions. What is most remarkable is the huge spike in settlements prior to institution. In...more

8/7/2015 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Settlements

Bio/Pharma IPR Challenges Nearly Double in 2015

Newly released statistics (2015-06-30 PTAB Statistics) from the USPTO reveal that the number of bio/pharma IPR challenges almost doubled in 2015, even though fiscal year 2015 still has three months to go. Last year, there...more

7/30/2015 - ANDA Biopharmaceutical Healthcare Patent Applications Patent Trial and Appeal Board Patents USPTO

Attacking Patents on Written Description & Enablement Grounds in Inter Partes Review

Although Inter Partes Review (IPR) is limited to grounds of unpatentability based upon prior art references, it is nevertheless possible to raise issues of written description or enablement by applying intervening prior art...more

7/22/2015 - Eli Lilly Enablement Inquiries Inter Partes Review Proceedings Life Sciences Patent Prosecution Patents Pharmaceutical Industry Prior Art

FTC’s $1.2 Billion Disgorgement Settlement With Cephalon: Heightened Scrutiny of Hatch-Waxman Settlements

On May 28, 2015, the Federal Trade Commission (FTC) announced the settlement of its 2008 lawsuit against Cephalon, Inc. (now owned by Teva Pharmaceutical Industries, Ltd.), which alleged that Cephalon had made “reverse...more

6/2/2015 - ANDA Cephalon Disgorgement FTC FTC v Actavis Generic Drugs Hatch-Waxman Pay-For-Delay Pharmaceutical Industry Settlement Teva Pharmaceuticals

Federal Circuit Upholds Patent Office’s First Decision of Unpatentability in an Inter Partes Review

Today in In re Cuozzo Speed Technologies, LLC, No. 14-1301, a majority (Judges Dyk and Clevenger) affirmed the Patent Trial and Appeal Board’s (PTAB) decision to deem certain claims of a speed limit indicator patent...more

2/5/2015 - America Invents Act Claim Construction Cuozzo Speed Technologies Inter Partes Review Proceedings Mandamus Petitions Patent Trial and Appeal Board Patents Prior Art

Evolving Healthcare Trends & Patents: Charting a Safe Course for Personalized Medicine

Rapid changes resulting from personalized medicine, including the ability to use individual patient biomarker data to generate a tailored treatment, are transforming healthcare. New business structures are evolving in the...more

8/7/2014 - AMP v Myriad Healthcare Healthcare Reform Mayo v. Prometheus Patent Infringement Patent Litigation Patents SCOTUS

Nanotech Drug Formulations Drive Dealmaking

Some of the most commercially successful products to arise out of nanotechnology in terms of sheer size of revenues generated are nanotech drug formulations. This area continues to be hot in the wake of two recent deals, both...more

5/15/2014 - Biotechnology Nanotechnology Pharmaceutical Industry Prescription Drugs Technology

USPTO Issues New Guidelines on Subject Matter Eligibility Under 35 USC 101 in View of Myriad and Prometheus

The USPTO issued new guidelines for determining if claims are eligible for patenting in light of the Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S., 133 S. Ct. 2107, 2116, 106 USPQ2d 1972 (2013), and...more

3/6/2014 - Patent-Eligible Subject Matter USPTO

Why Study the Draft 2014 National Nanotech Initiative Strategic Plan?

The NNI has just released its 2014 draft Strategic Plan for public comment. Aside from the opportunity to submit comments, becoming familiar with the plan offers a number of benefits to nanotech ventures. One is that it...more

12/9/2013 - Nanotechnology Technology

U.S. PTAB Issues First Final Decision in an Inter Partes Review

On November 13, 2013, the U.S. Patent Trial and Appeal Board (PTAB) issued its first final decision in an inter partes review (IPR) proceeding brought by Garmin under the new administrative procedures established by the...more

11/15/2013 - America Invents Act Inter Partes Review Proceedings Patent Reform Patent Trial and Appeal Board Patents

NanoBusiness Panel on Patents Featuring View From the US Patent Office

At a recent nanotech conference hosted by the NanoBusiness Commercialization Association, we received an update on nanotech patent trends from Jerry Lorengo, a Group Director with the US Patent Office. Jerry provided a great...more

11/13/2013 - Nanotechnology Patents Technology USPTO

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