Foley Partner Stephen Maebius was quoted in an article that appeared in BioWorld Today on September 12, 2011 titled “Passage of Patent Reform Bill is Just the Beginning.” Maebius discusses the America Invents Act, a major patent reform bill which he identifies as a wide scope of change that is likely to develop for several years as the courts interpret the Act in future patent lawsuits. Regarding biotech, he views the Act’s extension of the prior use defense as a potential benefit to a company that is developing a product but is not the first to file. Maebius adds that the Supreme Court will still need to resolve issues such as patent eligibility, which were not addressed by the reform.
