In a recent order, the Patent Trial and Appeals Board (PTAB) indicated that it will consider a motion for sanctions based on a claim of “abuse of process” in Inter Partes Review (IPR) proceedings filed by the Coalition for Affordable Drugs, an entity affiliated with a Kyle Bass hedge fund. This motion represents a possible new avenue to challenge Bass’s effort to use the IPR procedure to lower the stock prices of targeted pharmaceutical companies.

INTER PARTES REVIEW -

IPR is a procedure created by the America Invents Act (AIA) that allows a third party to challenge the patentability of one or more patent claims based on prior art patents or printed publications. IPRs were first made available on September 16, 2012, and apply to any patent issued before, on, or after that date.