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

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
Gift this article