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 2026

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

In other news, Australia’s IP office has announced expanded search options, and an EPO report shed light on slow progress relating to women inventors in Europe
Managing IP speaks with up-and-coming women lawyers at five law firms about fighting imposter syndrome, maintaining work-life balance and why real representation matters
Kilpatrick’s managing partner for San Francisco discusses taking the longer route to partnership, the importance of female mentors, and strengthening office culture
Home-working and grace periods at IP offices have been announced, while Managing IP understands Iran’s IP office is out of service
With INTA 2026 just two months away, London-based IP practitioners offer tips on making the most out of the city
New platform, which covers SEPs for the Wi-Fi 6 and Wi-Fi 7 standards, includes 10 patent owners
The Texas-based IP litigation hires take King & Spalding’s partner appointments from pre-merger Winston & Strawn up to 12 this year
Sunny Su explains how her team overcame challenges with orchard evidence collection to secure a favourable plant variety decision from China’s top court
Flexible working firm continues trajectory from 2025 with appointment of Matthew Grant and Letao Qin
Anousha Davies, associate and trademark attorney at Birketts, unpicks how the university’s reputation enabled it to see off a proposed trademark for ‘Cambridge Rowing’
Gift this article