14 March 2017
Virginia
Reporter: Barney Dixon

PTAB upholds Acorda patents


Hedge fund manager Kyle Bass has lost a US Patent Trial and Appeal Board (PTAB) inter-partes review that sought to invalidate four patents belonging to Acorda Therapeutics.

The patents relate to Acorda’s Ampyra drug, which is aimed at improving walking for adults with multiple sclerosis.

Bass filed the claim through his Coalition for Affordable Drugs, and argued that all four patents should be held invalid as unpatentable.

But in its 9 March decision, the PTAB said that it was “not persuaded” by Bass’s arguments and he had not “demonstrated by a preponderance of evidence the challenged claims are unpatentable on the instituted grounds”.

Ron Cohen, president and CEO of Acorda, said: “The court decision reflects the merits of the case we presented and the validity and strength of our intellectual property for Ampyra.”

“Medical innovation depends on the recognition of valid intellectual property claims.”

He added: “[We] will continue to defend the validity of our intellectual property rights for Ampyra.”

These four patents, as well as another relating to Ampyra, have also been challenged in the US District Court for the District of Delaware, but the court has yet to issue its decision.

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