PTAB has accepted the Bass IPR petitions against patents on Ampyra (4- amino pyridine)
The reason for denial by PTAB turned on the issue of whether or not two poster presentations (that of Goodman and that of Hayes ) were printed publications suitable for mounting an IPR challenge.
There is no appeal from a denial of petition. Here, the denial of the petition was based on a failure of evidence that the documents were printed publications. There was no determination whether the posters were or were not "printed publications," and
no determination that if they were printed publications, whether there was a reasonable likelihood that petitioner could have prevailed on at least one claim.
It seems now that there will be an IPR on the Ampyra patents.
Hedge fund manager Kyle Bass' Coalition for Affordable Drugs won the right to challenge Acorda Therapeutics (NASDAQ: ACOR) patents 8663685 and 8440703 on Ampyra, according to several reports reports, including Bloomberg. The Patent Trial and Appeals Board said the hedge fund manager has a reasonable likelihood of winning its argument.
Patents are set to expire in 2025.
Update: PTAB also agreed to review Ampyra patents 8354437 and 8007826.