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ARTICLE · 30 SEPTEMBER 2015

PTAB Refuses To Sanction Kyle Bass

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Many pharmaceutical companies have complained about the IPR petitions filed by Kyle Bass and the Coalition for Affordable Drugs against Orange Book-listed patents covering approved pharmaceutical products.

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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Many pharmaceutical companies have complained about the IPR petitions filed by Kyle Bass and the Coalition for Affordable Drugs against Orange Book-listed patents covering approved pharmaceutical products, but Celgene Corp. took more serious action, and filed motions for sanctions in the IPRs launched against its patents relating to Thalomid® (thalidomide) and Revlamid® (lenalidomide). However, the USPTO Patent Trial Appeal Board (PTAB) refused to sanction Bass on the grounds raised by Celgene. This means patent owners looking for general relief from hedge-fund sponsored patent challenges will have to hope the Federal Circuit sees it differently (assuming Celgene appeals) or that Congress takes action to limit the ability of non-competitors to file IPR petitions.

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