PublishedAugust 28, 2015

I Called It: Kyle Bass’s First Two IPR Petitions Fail

Kyle Bass, the hedge fund manager who filed a number of inter partes review petitions against pharmaceutical companies, has struck terror into the shriveled hearts of the pharmaceutical industry. The first petitions he filed were against Acorda Therapeutics, and its stock dropped on the news.

The pharmaceutical industry immediately started lobbying to change IPR procedures to make themselves invulnerable. Senator Coons even offered an amendment to the PATENT Act to block IPR petitions from anyone who hasn’t been sued for patent infringement. (The amendment failed.)

I, however, have been saying for some time that those petitions were likely to be denied:

(I actually was on a panel at NYU Law School with Acorda’s general counsel a couple of months ago, and I told her then that I expected those petitions to be denied.)

Well, guess what?

Matt - I called it

That’s right, Kyle Bass’s petitions against Acorda were both denied.

Once again, the pharmaceutical industry has suffered no harm from inter partes review.

Any chance they’ll decide to leave it alone now?

Matt Levy

Previously, Matt was patent counsel at the Computer & Communications Industry Association

More Posts

How Litigation Finance Busts the Bank of Legal Trust

The American legal system gives lawyers vast powers over private citizens. In the United States, there are no “loser pays” rules, no limits on lawyers’ ability to file complaints, and a summons ...

The Fintiv Rule Heads Back to District Court

A ruling last week by the U.S. Court of Appeals for the Federal Circuit in Apple v. Vidal throws the future of the Patent and Trademark Office’s (PTO) controversial NHK-Fintiv rule into even greater...

As China Prioritizes Its Patent System, America Must Do the Same and More

During the 14th National People’s Congress (NPC) earlier this month in Beijing, China began outlining a series of proposals to give itself an edge over its competitors in critical technological sect...

Subscribe to Patent Progress

No spam. Unsubscribe anytime.