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

Cookies Settings

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

Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Palińska is the business & IP law lead at CD Projekt Red in Poland
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
David Degen is senior IP counsel at Novartis, Switzerland
Gift this article