Under threat from investors and generic rivals, pharma and biotech have become staunch opponents of the inter partes review regime. However, as they push for reform, they face a stiff challenge from the US Patent and Trademark Office and Congress
As he sat in a board meeting of the Biotechnology Industry Organisation (BIO) in New York in February 2015, Ron Cohen noticed a new message on his phone. As CEO of Acorda Therapeutics, a biotech company worth around $900 million, Cohen is used to a steady stream of texts and emails making demands on his time. But this one was different. The message informed him that Kyle Bass – a hedge fund investor who had risen to prominence on the back of a bet against the housing bubble in 2007 – and IPNav founder Erich Spangenberg had filed two inter partes reviews against a couple of Acorda patents. “It hit us like a thunderbolt,” Cohen recalls.
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