PTAB allows Celgene to file for sanctions against Coalition for Affordable Drugs

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

PTAB allows Celgene to file for sanctions against Coalition for Affordable Drugs

The Patent Trial and Appeal Board has authorised Celgene to file motions for sanctions in response to four inter partes review petitions filed by the Coalition for Affordable Drugs, the entity Kyle Bass and Erich Spangenberg are using to challenge pharmaceutical patents

kyle20bass20150.jpg

Celgene requested authorisation to move for dismissal of the petitions as a sanction for abuse of process by petitioner or its real parties-in-interest.

In its rare order granting authorisation to file a motion for sanctions on June 9, the Board said the motion shall be filed on the same day as the preliminary response, if the patent owner elects to file a preliminary response. If the patent owner waives filing of a preliminary response, the motion for sanctions shall be filed no later than the due date for filing the preliminary response in each proceeding. The petitioner will have 10 business days to respond and the patent owner then has five days to file a reply.

The four IPRs were filed on April 23. Patent owners are given three months to file a preliminary response after the filing of a petition, meaning Celgene has until July 22 to file the motion for sanctions.

The Board said: “Our decision was based on a determination that briefing will facilitate development of a complete record and, thereby, will promote the just resolution of the issues raised by patent owner. We emphasised that our grant of authorisation to file a motion for sanctions is not a decision on the merits of patent owner’s allegation of abuse of process.”

The IPRs are four of 16 petitions the Coalition for Affordable Drugs has filed since February.

Bass, who managed hedge fund Hayman Capital, has attracted a lot of attention with his filings, which have prompted accusations that he is merely trying to short sell stock. It is not clear whether the USPTO can intervene to block the petitions. Anyone has standing to file IPRs, but the USPTO can prescribe sanctions for “improper use of the proceeding”.

For an in-depth analysis of The Coalition for Affordable Drugs’ IPR petitions, their chance of success and an interview with Bass, read our "The fine line between abuse and fair use at the PTAB" feature here (subscribers and triallists only).

more from across site and SHARED ros bottom lb

More from across our site

The firm has added two leading damages specialists as it expands beyond technical analysis and deepens its role in the economics of IP litigation
Josh Seidenfeld, partner at DLA Piper, outlines the emerging legal trends that drive the future of life sciences innovation and how stakeholders can prepare for the future
South Korea's One Law Partners is combining with boutique firm Minwho Law Group to leverage global expansion of K-content and build a broader offering spanning IP, tech and regulatory advisory work
Russell Kennedy's Gina Tresidder on juggling matters, delivering hard truths, and why IP ownership is rarely as simple as people think
Attorney Oran Friar and trainee attorney Harry Cunliffe at Reddie & Grose, share that patent filings for clinical LLMs are surging, but success in the UK and Europe hinges on demonstrating technical innovation
Implementers can use the UK courts to seek FRAND terms for patent pool licences
The first credible UPC spinouts are growing, and they are coming from elite patent litigation teams, suggesting specialist litigators may no longer need large platforms to compete
Voyage IP has hired a veteran IP leader from Spruson & Ferguson as its head of trademarks, as well as another consultant who will boost the firm’s commercial offering
Lawyers say unwritten appearance expectations can disproportionately affect women and junior talent, making proactive guidance a growing responsibility for law firm leaders
Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Gift this article