PTAB must bite bullet and make definitive call on hedge fund inter partes review requests

Inter partes review requests make up only a small part of the Patent Trial and Appeal Board’s workload; but they are causing it a major headache. That will continue for as long as it avoids addressing the issue head on

On September 1 the Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office (USPTO) declined to institute a petition for the inter partes review of US Patent 8,399,514, owned by Biogen. It had been requested by the Coalition for Affordable Drugs, an organisation established by hedge fund investor Kyle Bass and IPNav founder Erich Spangenberg.

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Issue 90