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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 numberFiledLaw firm used by the CoalitionPatent numberPatent ownerDrug used inInstituted?
2015-0072010 FebSkiermont Puckett8,663,685Acorda TherapeuticsAmpyraNO
2015-0081727 FebSkiermont Puckett8,007,826Acorda TherapeuticsAmpyraNO
2015-009881 AprSkiermont Puckett6,773,720Cosmo/Nogra/ShireLialdaYES
2015-009901 AprMerchant & Gould7,056,886NPS/ShireGattexYES
2015-010186 AprMerchant & Gould7,895,059Jazz PharmaceuticalsXyremNO
2015-0107620 AprMerchant & Gould8,754,090PharmacyclicsImbruvicaNO
2015-0108622 AprNeifeld IP Law8,759,393Biogen InternationalTecfideraNO
2015-0110223 AprSkiermont Puckett6,315,720Celgene CorporationRevlimidYES
2015-0109623 AprSkiermont Puckett6,315,720Celgene CorporationRevlimidYES
2015-0110323 AprSkiermont Puckett6,315,720Celgene CorporationRevlimidYES
2015-0109223 AprSkiermont Puckett6,045,501Celgene CorporationPomalyst, Revlimid, ThalomidYES
2015-0109323 AprMerchant & Gould7,056,886NPS/ShireGattexYES (for some claims)
2015-011361 MayNeifeld IP Law8,399,514Biogen MATecfideraNO
2015-011697 MayMerchant & Gould5,635,517Celgene CorporationPomalystNO
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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