Kyle Bass vows to keep returning to the PTAB “kangaroo court”

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Kyle Bass vows to keep returning to the PTAB “kangaroo court”

If Kyle Bass has been put off by the PTAB denying three of his IPR petitions, he's not showing it. He has filed a further nine petitions since the Coalition for Affordable Drugs' first setback and has labelled the PTAB a kangaroo court

kyle20bass20150.jpg

It has been a bad couple of weeks for hedge fund manager Kyle Bass’s efforts to get pharmaceutical companies’ patents invalidated. The Patent Trial and Appeal Board has denied three of the Coalition for Affordable Drugs’ petitions – two challenging patents covering Acorda’s Ampyra drug and one covering Biogen’s Tecfidera treatment.

Bass is not taking it lying down – he has slammed the Board and USPTO director Michelle Lee while continuing to file inter partes review petitions.

“It appears to me, after the Biogen ruling, that Michelle Lee and the US Patent and Trademark Office are running a kangaroo court,” Bass told Business Insider. He added that Lee should “stick to calling balls and strikes” instead of forwarding a political agenda.

He told the Wall Street Journal he would persist in his campaign. “I’ve spent years of my life working on this and my arguments are as good as can be. I think I can win if they’ll just hear the cases on the merits,” he said.

True to his word, he has filed nine more petitions since the Board issued its first denial of a Coalition for Affordable Drugs petition on August 24, bringing his total number of petitions to 32.

Pepper Hamilton, which represents Acorda and the University of Pennsylvania on various matters, noted the manner of the Board’s denials so far may have given Bass hope. “However, in each instance, the PTAB reached decisions on the merits of the hedge fund’s petitions. The fact that the PTAB considered the petitions and did not exercise its discretion to reject them outright based on the fund’s primary goal of depressing stock prices, was all the encouragement Bass needed,” said Pepper Hamilton partner Tom Engellenner.

According to Docket Navigator, the nine recent petitions comprised four more targeting Acorda patents, three targeting Insys Pharma patents and three targeting Trustees of the University of Pennsylvania patents.

more from across site and SHARED ros bottom lb

More from across our site

Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
In major recent developments, a team of partners broke away from Taylor Wessing to form their own firm, while Kilburn & Strode made a strategic UPC hire
General Court backs Christian Archambeau in some of his challenges against his departure, but dismisses others
Morgan Lewis adds three partners with technical depth, reinforcing the firm’s strategy to bridge legal and tech expertise in patent litigation
Gift this article