The recent decisions of the USPTO Patent Trial and Appeal Board (PTAB) granting Celgene’s requests for rehearing in parallel Inter Partes Review proceedings brought by Kyle Bass’s Coalition for Affordable Drugs (CFAD) are notable in several respects. First, the fact that the PTAB granted rehearing and partially reversed its original rulings is a rare success … Continue reading this entry
Tags: Celgene, Inter Partes Review, Kyle Bass, Thalidomide
The USPTO Patent Trial and Appeal Board (PTAB) has issued a final written decision upholding Shire’s Lialda® patent over the Inter Partes Review (IPR) challenge brought by Kyle Bass and his Coalition for Affordable Drugs. The decision underscores that obviousness is not established simply because each feature of a claim is found somewhere in the prior art … Continue reading this entry
Tags: Kyle Bass
The USPTO Patent Trial and Appeal Board (PTAB) has decided to institute inter partes review (IPR) proceedings against the Ampyra patents based on the second set of petitions filed by Kyle Bass and the Coalition for Affordable Drugs. This decision shows that even patent owners who successfully avoid institution of one IPR may face a subsequent … Continue reading this entry
Tags: Ampyra, Inter Partes Review, Kyle Bass
The USPTO Patent Trial and Appeal Board (PTAB) decided to institute inter partes review (IPR) proceedings filed by Kyle Bass against two of the five Juxtapid patents listed in the Orange Book. Two of the cited references may qualify as § 102(b) prior art because the provisional application was found not to support certain aspects of the claims.… Continue reading this entry
Tags: Kyle Bass, Priority Claim
After filing over thirty petitions for Inter Partes Review of Orange Book-listed patents for various drugs, Kyle Bass and his Coalition for Affordable Drugs finally has made it over the first hurdle. The USPTO Patent Trial and Appeal Board (PTAB) decided to institute IPR proceedings against U.S. Patent No. 6,773,720, which is listed in Orange Book for … Continue reading this entry
Tags: Kyle Bass, Real Party In Interest (RPI)
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 … Continue reading this entry
Tags: Inter Partes Review, Kyle Bass
On September 2, 2015, the USPTO Patent Trial and Appeal Board (PTAB) denied institution of another Inter Partes Review brought by Kyle Bass, the Coalition for Affordable Drugs, and other related entities. In denying the Tecfidera IPR petition, The PTAB sidestepped Biogen’s argument that the institution should be denied because its “primary purpose” was to “depress stock prices … Continue reading this entry
Tags: Biogen Idec, Kyle Bass, Tecfidera
The USPTO Patent Trial and Appeal Board (PTAB) has put an end to Kyle Bass’s Ampyra patent challenge, by denying institution of Inter Partes Review (IPR) proceedings. While many were hoping the PTAB would render a decision based on the “improper purpose” of the challenge, the PTAB decisions are based on one of the more … Continue reading this entry
Tags: Board of Patent Appeals and Interferences, Inter Partes Review, Kyle Bass
Posted in Patent Trials
Posted in 103; Patent Trials