Celgene win leaves Bass even in PTAB institution game

The Patent Trial and Appeal Board today released its 14^th 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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