Foley Partner Stephen Maebius was quoted in an article that appeared in The Am Law Litigation Daily on September 28, 2011 titled “Hogan Lovells Knocks Out $29 Million Infringement Award Against HemCon.” Maebius discusses how the U.S. Patent and Trademark Office’s transition to inter partes review for determining patent validity supports the use of an “intervening rights” defense in patent disputes. He states that recent infringement claim decisions ease the way for defendants to assert an intervening rights defense, which will likely encourage more litigants to seek inter partes review hearings when they go into effect next year.
