Celgene fends off Kyle Bass challenge
Biopharmaceutical company Celgene has finally found success in fending off a challenge to one of its patents fr om Kyle Bass’s organisation the Coalition for Affordable Drugs.
The coalition sought the revocation of Celgene’s US patent 5,635,517 in an inter partes review (IPR) petition filed at the Patent Trial and Appeal Board (PTAB).
The patent covers a method of decreasing the level of tumour necrosis factor. The patent covers Celgene’s drug Pomalyst (pomalidomide).
Yesterday, November 16, the PTAB said there was not a “reasonable likelihood that it would prevail at trial” and rejected the coalition’s IPR petition.
It is the first success for Celgene in its battle with the coalition at the PTAB.
Last month, a three-judge panel instituted an IPR against two patents covering its Revlimid (lenalidomide) drug.
Celgene had asked the PTAB to sanction the coalition and Bass for allegedly abusing the IPR process.
The PTAB dismissed Celgene’s motion in September.