Tag Archives: pharma

Timing Is Everything: Successful Joinder Motions At The PTAB

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The joinder provisions of inter partes review (IPR) proceedings can be a great tool to circumvent the 1-year IPR filing deadline following service of a complaint for infringement. However, grant of a joinder petition by the Patent Trial and Appeal Board (PTAB) requires recognition that the Board is loath to delay a final hearing date … Continue reading this entry

Clinical Trials as Prior Art: PTAB Denies Bass IPR Petition With Only a "Hope" of Efficacy

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By Shaun R. Snader[1] & Stephen B. Maebius In the most recent loss for Kyle Bass’ hedge fund in IPR proceedings, the Board denied institution of an IPR based on a petition filed by Coalition for Affordable Drugs V LLC (CFAD) against Biogen MA Inc. IPR2015-01136, Paper 23 (Sept. 2, 2015).  The Board (per Judge McKelvey) … Continue reading this entry

Kyle Bass Loses Round 1 of IPR Attack Against Pharma/Biotech Patents

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On August 24, 2015, the Patent Trial and Appeal Board (PTAB) declined institution of two petitions filed by Coalition For Affordable Drugs for Inter Partes Reviews (IPRs) of Acorda’s patents (U.S. Patent Nos: 8,007,826, 8,663,685) covering Ampyra, a billion-dollar drug for treating multiple sclerosis. Coalition For Affordable Drugs – Petitioner The Petitioner, Coalition For Affordable Drugs, is a … Continue reading this entry