Celgene win leaves Bass even in PTAB institution game
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Celgene win leaves Bass even in PTAB institution game

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The PTAB has denied institution of a Coalition for Affordable Drugs inter partes review petition challenging a Celgene patent. This leaves Kyle Bass with a 50% institution success rate in the 14 petitions the Board has decided thus far

The Patent Trial and Appeal Board today released its 14th decision on a Coalition for Affordable Drugs inter partes review, denying a petition challenging a Celgene patent for the Pomalyst myeloma cancer treatment.

It is Celgene’s first good news in its disputes with hedge fund manager Kyle Bass at the PTAB, with trials instituted for four other IPRs challenging its patents. The Board had also rejected its motion to sanction Bass.

The decision also leaves Bass even in terms of institutions and denials so far, with seven petitions instituted (one of which was granted in part) and seven denied. The Coalition for Affordable Drugs, which was set up by Bass and Erich Spangenberg, has filed 33 petitions in total.

The Board should also give a decision this month on an IPR filed on May 21 challenging US Patent 6,926,907, which is owned by Pozen and covers the Vimovo treatment. Horizon Pharma bought the US rights to the stomach ulcer treatment in 2013.

In its latest institution decision, the PTAB said the information presented in the petition and accompanying evidence did not establish a reasonable likelihood that the Coalition for Affordable Drugs would prevail in showing the unpatentability of the challenged claims.

The institution decisions the PTAB has given on the Coalition's petitions so far are below. 

For full details of all petitions filed by the Coalition as well as data on the most-active PTAB petitioners this year, subscribers and trialists can read our "Data: Analysing the busiest PTAB petitioners, patent owners and law firms so far in 2015" article here

INSTITUTION DECISIONS ON COALITION FOR AFFORDABLE DRUGS' IPRS 

IPR number

Filed

Law firm used by the Coalition

Patent number

Patent owner

Drug used in

Instituted?

2015-00720

10 Feb

Skiermont Puckett

8,663,685

Acorda Therapeutics

Ampyra

NO

2015-00817

27 Feb

Skiermont Puckett

8,007,826

Acorda Therapeutics

Ampyra

NO

2015-00988

1 Apr

Skiermont Puckett

6,773,720

Cosmo/Nogra/Shire

Lialda

YES

2015-00990

1 Apr

Merchant & Gould

7,056,886

NPS/Shire

Gattex

YES

2015-01018

6 Apr

Merchant & Gould

7,895,059

Jazz Pharmaceuticals

Xyrem

NO

2015-01076

20 Apr

Merchant & Gould

8,754,090

Pharmacyclics

Imbruvica

NO

2015-01086

22 Apr

Neifeld IP Law

8,759,393

Biogen International

Tecfidera

NO

2015-01102

23 Apr

Skiermont Puckett

6,315,720

Celgene Corporation

Revlimid

YES

2015-01096

23 Apr

Skiermont Puckett

6,315,720

Celgene Corporation

Revlimid

YES

2015-01103

23 Apr

Skiermont Puckett

6,315,720

Celgene Corporation

Revlimid

YES

2015-01092

23 Apr

Skiermont Puckett

6,045,501

Celgene Corporation

Pomalyst, Revlimid, Thalomid

YES

2015-01093

23 Apr

Merchant & Gould

7,056,886

NPS/Shire

Gattex

YES (for some claims)

2015-01136

1 May

Neifeld IP Law

8,399,514

Biogen MA

Tecfidera

NO

2015-01169

7 May

Merchant & Gould

5,635,517

Celgene Corporation

Pomalyst

NO

The IPRs list the petitioners as the Coalition for Affordable Drugs, J Kyle Bass, Erich Spangenberg, Hayman Capital Management, various Hayman funds, IP Navigation Group, and nXn Partners

Source: Docket Navigator

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