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ARTICLE · 15 APRIL 2015

Stricter Standing For Inter Partes Review?

Foley & Lardner LLP
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One justification for traditional "standing" and "case or controversy" requirements is to conserve judicial resources, and not clog the courts with purely academic disputes. Does the PTAB need this type of protection?

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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Neither the statutes nor the regulations governing Inter Partes Review (IPR) require the party challenging the patent to have been charged with infringement, or even to establish any interest in practicing the claimed subject matter. While the costs of IPR proceedings may prevent casual challenges, now that hedge fund manager Kyle Bass has filed several IPR petitions to challenge pharmaceutical patents and possibly short the stocks of pharmaceutical companies, some are calling for stricter standing requirements for IPR petitioners.

The Coalition for Affordable Drugs

According to this Wall Street Journal article, Kyle Bass founded the Coalition for Affordable Drugs to target patents that he believes "have little value other than to drive up prescription drug prices." The Coalition has filed IPRs against the following Orange Book-listed patents:

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