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ARTICLE · 22 MARCH 2016

PTAB Institutes Kyle Bass IPR Against Pharmaceutical Patent Based On SEC Document

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Kyle Bass has filed numerous prior IPR petitions against pharmaceutical patents, some of which have been denied due to use of prior art references that were not sufficiently proven to be "publicly accessible".

United StatesIntellectual Property
Stephen Maebius
Stephen Maebius
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Kyle Bass has filed numerous prior IPR petitions against pharmaceutical patents, some of which have been denied due to use of prior art references that were not sufficiently proven to be "publicly accessible" (see "Clinical Trials as Prior Art: PTAB Denies Bass IPR With Only A "Hope" Of Efficacy"). However, in IPR2015-01850, the PTAB instituted IPR against a patent covering Ampyra based upon a Kyle Bass petition that utilized a Securities Exchange Commission (SEC) document which disclosed a clinical protocol for treating multiple sclerosis. This highlights a risk for pharmaceutical companies, who need to coordinate patent filings not only to precede scientific and clinical publications, but also other kinds of publicly accessible corporate documents that may discuss clinical trials.

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