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11 March 2016Americas

PTAB rejects three Bass IPR petitions

The Patent Trial and Appeal Board (PTAB) has rejected three inter partes reviews filed by Kyle Bass’s organisation the Coalition for Affordable Drugs.

In a decision handed down yesterday, March 10, the PTAB rejected three petitions that challenged patents owned by Insys Pharma covering its pain medication Subsys (fentanyl sublingual spray).

The patents challenged were US numbers 8,835,459; 8,835,460; and 8,486,972.

In its decision, the PTAB said: “Taking account of the information in the petition and preliminary response, we decline to institute review because the information presented does not demonstrate a reasonable likelihood that petitioner would prevail with respect to at least one of the claims challenged in the petition.”

Gerald Flattmann, partner at law firm Paul Hastings, which represented Insys, said: “We are gratified by the board’s decision, which further validates the strength of Insys’s patents protecting this important medicine for breakthrough cancer pain.”