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9 October 2015Americas

Bass set for first IPR trial as Shire petition proceeds

Hedge fund manger Kyle Bass has secured his first inter partes review (IPR) trial after the Patent Trial and Appeal Board (PTAB) instituted a challenge against a patent owned by biopharmaceutical company Shire.

On Wednesday, October 7, a three-judge panel ruled that there was a reasonable likelihood that Bass would prevail in invalidating the patent at trial. The petition was filed by the Coalition for Affordable Drugs, an organisation closely linked with Bass.

At the centre of the dispute is US patent number 6,773,720, which covers the Lialda(mesalamine) drug, used to treat patients suffering from Crohn’s disease and ulcerative colitis.

The patent is owned by Cosmo Technologies, a subsidiary of Shire, and is due to expire in 2020.

In its argument against a petition being instituted, Shire said that not all relevant parties involved in the claim had been publicly disclosed.

The PTAB rejected this claim. While the three-judge panel said there is a “blurring among the sister entities in terms of corporate structure”, it said there is not enough evidence that the “sister entity has controlled, or had the ability to control, the filing of the petition in this case”.

Bass has argued that the patent is obvious, and the PTAB agreed it is possible that the patent will be invalidated at trial.

It is the first time Bass has succeeded in instituting an IPR. The PTAB rejected challenges to patents owned by Biogen and Acorda Therapeutics in August and September respectively.

It means the three judges will decide at trial whether the patent is valid.

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3 September 2015   Hedge fund manager Kyle Bass’s Coalition for Affordable Drugs has suffered another setback in its bid to knock out allegedly spurious patents after the US Patent and Trademark Office declined to institute an inter partes review of a patent owned by Biogen.
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21 October 2015   The Patent Trial and Appeal Board has rejected another inter partes review petition filed by hedge fund manager Kyle Bass’s organisation the Coalition for Affordable Drugs.
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27 October 2015   Hedge fund manager Kyle Bass and his Coalition for Affordable Drugs have tasted success at the Patent Trial and Appeal Board for the second time in a month after it agreed to institute an inter partes review of a patent covering a drug owned by NPS Pharmaceuticals.

More on this story

Americas
3 September 2015   Hedge fund manager Kyle Bass’s Coalition for Affordable Drugs has suffered another setback in its bid to knock out allegedly spurious patents after the US Patent and Trademark Office declined to institute an inter partes review of a patent owned by Biogen.
Americas
21 October 2015   The Patent Trial and Appeal Board has rejected another inter partes review petition filed by hedge fund manager Kyle Bass’s organisation the Coalition for Affordable Drugs.
Americas
27 October 2015   Hedge fund manager Kyle Bass and his Coalition for Affordable Drugs have tasted success at the Patent Trial and Appeal Board for the second time in a month after it agreed to institute an inter partes review of a patent covering a drug owned by NPS Pharmaceuticals.

More on this story

Americas
3 September 2015   Hedge fund manager Kyle Bass’s Coalition for Affordable Drugs has suffered another setback in its bid to knock out allegedly spurious patents after the US Patent and Trademark Office declined to institute an inter partes review of a patent owned by Biogen.
Americas
21 October 2015   The Patent Trial and Appeal Board has rejected another inter partes review petition filed by hedge fund manager Kyle Bass’s organisation the Coalition for Affordable Drugs.
Americas
27 October 2015   Hedge fund manager Kyle Bass and his Coalition for Affordable Drugs have tasted success at the Patent Trial and Appeal Board for the second time in a month after it agreed to institute an inter partes review of a patent covering a drug owned by NPS Pharmaceuticals.