Hedge Funds Making Headway Before The PTAB: Investment-Motivated IPR Challenges Not An Abuse Of Process

Authored by Michelle Carniaux and Dervis Magistre

Hedge fund mogul Kyle Bass has earned a certain amount of notoriety (some would say infamy) for his investment strategy of using IPRs to drive down the value of pharmaceutical companies he is shorting. To date, he and his hedge fund entities have filed thirty-three IPR petitions challenging patents owned by Big Pharma. Critics hoping that the PTAB would declare this strategy an abuse of the IPR process had their hopes dashed by recent rulings that unequivocally confirmed that a profit motive does not taint an otherwise meritorious IPR petition.

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