Stephen B. Maebius

Stephen B. Maebius

Foley & Lardner LLP

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Magnum Offers New Path for Challenging AIA Decisions: Burden of Production

On July 25, 2016, the Court of Appeals for the Federal Circuit (CAFC) held in In re Magnum Oil Tools International (Newman, O’Malley & Chen) that the burden of production to show unobviousness does not shift to a patent owner...more

8/1/2016 - Burden of Proof Burden-Shifting CAFC Corporate Counsel Cuozzo Speed Technologies v Lee Inter Partes Review Proceedings Obviousness Patent Litigation Patent Trial and Appeal Board Patents Petition For Rehearing Prior Art USPTO

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

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

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

Supreme Court Decides Myriad Case: Synthetic DNA Held Patentable & Implications for Nanotech

Today the Supreme Court rendered its decision in the landmark Myriad case, holding that naturally occurring DNA segments are not patentable, but synthetic DNA segments are patent eligible based on the patent eligibility...more

6/17/2013 - AMP v Myriad DNA Myriad Nanotechnology Patent-Eligible Subject Matter Patents SCOTUS

U.S. Patent "Micro-Entity" Rules & Other Cost Savings Strategies: Do You qualify for 75% Off Your U.S. Patent Filing Costs?

The short answer is that a company or individual who already is qualified as a small entity (which entitles you to 50% off U.S. patent filing costs) may also qualify under the final rules issued by the Patent Office for...more

6/14/2013 - Filing Fees Micro Entity Status Patent Applications Patents USPTO

Will the Supreme Court Limit Nanotech Patents?

In a case styled The Association for Molecular Pathology v. Myriad Genetics, the Supreme Court is confronting the question of whether or not human genes are patent eligible under 35 U.S.C. 101. A decision is expected in the...more

6/4/2013 - AMP v Myriad Biotechnology Gene Patenting Human Genes Infringement Myriad Nanotechnology Patents SCOTUS

Nanomedicine Hitting Its Stride? Beware of Patent Risks

Though the first nanoparticulate drug formulation was approved by the U.S. FDA way back in 1995, a recent flurry of deals and product approvals have shown increasingly high valuations for nanomedicine companies....more

6/4/2013 - FDA Nanomedicine Patents Pharmaceutical Industry Safe Harbors

EU Moves Closer to a "Unitary" Patent Regime for Obtaining and Litigating Patents in Europe

On December 11, 2012, the European Parliament approved a set of three proposals to create (1) a “unitary” patent valid across 25 EU member states, (2) a simplified language regime for EU patents, and (3) a unified patent...more

12/13/2012 - EU Patents Unified Patent Court Unitary Patent

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