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Celgene win leaves Bass even in PTAB institution game



Michael Loney


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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