Kyle Bass files two more IPRs against drug patents on April 23, 2015
In covering this in the post Bass Expands Drug Patent Fight as Celgene, Shire Make Five , Bloomberg made some statements which require clarification.
As to the text --Bass said he’s not targeting the entire drug industry and won’t accept settlement payments in order to drop the challenges --, the Engellener article [below] notes that in the first year, only 8% of IPRs resulted in settlements.
As to the text --The Inter Partes Review was created as a quick and relatively inexpensive way for technology companies and retailers to deal with so-called patent trolls --, one notes that the Engellener article places costs for an IPR at $300-500K, a bit steep for a small retailer taking on a troll alone. Furthermore, an IPR does not resolve infringement, so if the retailer does not invalidate all the asserted claims, the retailer still has a problem.
One separately notes that "inter partes review" was meant to replace the previously existing procedure of "inter partes re-examination."
See AIPLA paper by Tom Engellenner titled Comparison of Federal Court, ITC, and USPTO Proceedings in IP Disputes (Jan. 2014)
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