In a concise opinion, the USPTO Patent Trial and Appeal Board (PTAB) refused to sanction Kyle Bass and the Coalition for Affordable Drugs for abusing the IPR process. Celgene Corp. had filed motions for sanctions in IPRs brought against its patents relating to Thalomid® (thalidomide) and Revlamid® (lenalidomide). In denying the motions, the PTAB emphasized the broad language of the IPR statute and noted that Celgene had not argued that any of the IPRs amounted to “a non-meritorious patentability challenge.”

Read more about the decision and proposed legislation to limit hedge fund-sponsored IPRs in my article on Foley & Lardner LLP’s PTAB Trial Insights blog.