Stephen (Steve) B. Maebius is a partner and intellectual property lawyer with Foley & Lardner LLP. He has led teams within Foley handling a variety of different kinds of IP work, including IP due diligence reviews, infringement and validity opinions, international portfolio management, licensing, litigation with parallel inter partes reviews, reexaminations and interferences, and pharmaceutical patent term extensions. Two IP transactions in which Mr. Maebius has participated were awarded "Deal of Distinction" status by the Licensing Executives Society. He is a former member of the firm’s Management Committee and former chair of the Intellectual Property Department. Prior to becoming a lawyer, he was a patent examiner in the Biotechnology Group of the U.S. Patent & Trademark Office.
Representative Matters
- Lead counsel in successful defense of 6 Inter Partes Reviews filed by generic petitioners against a family of Orange Book-listed pharmaceutical patents covering a $1B controlled release product with parallel Hatch-Waxman litigation (IPR2013-00368, IPR2013-00371, and IPR2013-00372 - instituted but all claims found patentable in final written decision; IPR2015-01777, IPR2015-01778, and IPR2015-01782 - not instituted)
- Prosecuted product-by-process patent listed in Orange Book that was upheld as valid and infringed in United Therapeutics v. Sandoz, 2014 U.S. Dist. LEXIS 121573 (D.N.J. Aug. 29, 2014)
- Co-counsel for successful petitioner in Inter Partes Review filed against patent asserted in litigation against LED client (IPR2012-00005; decision affirmed on appeal)
- Takeda Pharmaceutical Co. Ltd. v. John Doll (Fed. Cir. 2009) – co-counsel in precedential 2-1 decision remanding a double patenting rejection arising from patent reexamination (all claims confirmed to be patentable upon remand to the Patent Office)
- Goldenberg & Immunomedics v. Cytogen & C.R. Bard (Fed. Cir. 2004) – co-counsel on appeal in reversal of summary judgment in client's favor in precedential 2-1 decision on doctrine of equivalents issue
More Legal and Business Bylines From Stephen B. Maebius
- Federal Circuit Affirms PTAB Ruling That Tribal Immunity Does Not Apply To IPRs - (Posted On Saturday, July 21, 2018)
- Proposed Legislation Would Require Choice Between ANDA Litigation Or AIA Challenges - (Posted On Thursday, June 14, 2018)
- Supreme Court Upholds Constitutionality Of IPRs In Oil States - (Posted On Tuesday, April 24, 2018)
- Expanded PTAB Panel Finds Sovereign Immunity Waived By Patent Enforcement - (Posted On Wednesday, December 20, 2017)
- PTAB Grants Rare Request for Additional Discovery In IPR - (Posted On Thursday, October 26, 2017)
- CAFC Eases Amendment Process In IPR Proceedings - (Posted On Wednesday, October 04, 2017)
- Pharma Patents Assigned to Indian Tribe to Thwart Inter Partes Review - (Posted On Monday, September 11, 2017)
- Key Trends In Pharmaceutical IPRs Filed By Generic Petitioners - (Posted On Monday, May 15, 2017)
- Is Real IPR Institution Rate Higher When Petitioner Errors & Pre-Institution Settlements Are Considered? - (Posted On Thursday, May 11, 2017)
- 2017 Mid-Year Statistics Point to Continued Rise in IPR Petitions - (Posted On Friday, April 28, 2017)