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

AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
After Matthew McConaughey registered trademarks to protect his voice and likeness against AI use, lawyers at Skadden explore the options available for celebrities keen to protect their image
The Via members, represented by Licks Attorneys, target the Chinese company and three local outfits, adding to Brazil’s emergence as a key SEP litigation venue
The firm, which has revealed profits of £990,837, claims it is the disruptive force in the IP-legal industry
In the first of a two-parter, lawyers at Santarelli analyse the patentability of therapeutic inventions where publication of clinical trial protocols occurs before the application's filing date
Arun Hill at Clarivate assesses the Top 100 Global Innovators 2026 list, including why AI has assumed a strategic importance for innovation
Gift this article