Recent successful inter partes review (IPR) challenges against Acorda Therapeutics (NASDAQ:ACOR) by The Coalition for Affordable Drugs has attorneys debating on how refiling IPRs could be a successful legal strategy.
The fact the IPR challenges were instituted against Acorda following an initial rejection could be significant for future cases, some lawyers noted. It’s also noteworthy the US patent office accepted the patents based on the merits of the prior art and did not consider motive an important consideration, they added.
On 8 April, this news service reported on the lawyer debate on the IPR challenges against Acorda’s Ampyra (dalfampridine). The key arguments focused on whether or not the S-1 filing referenced as prior art was valid as a printed publication. The IPR is a trial proceeding conducted at the patent board to review the patentability of claims on the basis of prior art consisting of patents or printed publications, according to the USPTO.
The Coalition for Affordable Drugs is set up and led by Kyle Bass who also founded Dallas, Texas-based fund, Hayman Capital Management. Nearly a year after launching his first IPR against Acorda’s Ampyra, the coalition has launched upwards of 35 IPRs on high-profile pharma and biopharma companies including Celgene (NASDAQ:CELG), Jazz Pharmaceuticals (NASDAQ:JAZZ) and Biogen (NASDAQ:BIIB). Only seven of the 16 reviewed IPRs have been passed to trial.