Acorda Therapeutics Wins Four IPRs Across the Board, Defeats Second Hedge Fund Patent Challenge

March 15, 2017

Washington, D.C. – Paul Hastings LLP, a leading global law firm, and client Acorda Therapeutics, Inc., won four inter partes reviews (IPR) related to the biotechnology company’s flagship drug Ampyra — a treatment that helps improve walking in people with Multiple Sclerosis.

On March 9, 2017, the Patent Trial and Appeal Board (“PTAB”) upheld the validity of four Acorda patents for Ampyra after issuing final decisions in IPR2015-01850, IPR2015-01853, IPR2015-01857, and IPR2015-01858, ruling that Acorda Therapeutics claims to U.S. Patent Numbers 8,007,826; 8,354,437; 8,440,703 and 8,663,685 were patentable. The Coalition for Affordable Drugs, an organization founded by hedge fund manager Kyle Bass had filed the IPRs.

"We are gratified by the Board's decision confirming the validity of all challenged claims of all four patents on Acorda's groundbreaking Multiple Sclerosis treatment Ampyra," said Gerald Flattmann, partner at Paul Hastings.

This is Paul Hastings’ second successful defense of Acorda’s patents for Ampyra, including the PTAB’s denial of institution of two IPRs brought by the Coalition for Affordable Drugs against Acorda in 2015. Acorda was the first company challenged by Mr. Bass’ group before the PTAB.

The Paul Hastings team was led by partners Gerald Flattmann and Naveen Modi, and included associates Michael Stramiello, Daniel Zeilberger, and Lucas Kressel, and senior technical advisor Thomas Phalen.

At the PTAB, Paul Hastings Life Sciences practice is more than twice as successful as other firms at beating America Invests Act challenges against Orange Book-listed patents during the preliminary stage. In these cases, Paul Hastings has a success rate of more than 60 percent for a non-institution result (the denied institution rate of all other firms is 25 percent). At final decision, Paul Hastings has a 100 percent success rate for defending Orange Book-listed patents, and is the only firm with an undefeated record after more than five cases at final decision.

Paul Hastings’ Life Sciences IP Patent practice is comprised of more than 45 lawyers and scientific advisors, exclusively dedicated to patent litigation on behalf of innovator life sciences companies. Together, this group of patent lawyers, trial lawyers all partner with clients in achieving their legal and business goals, all at the same time.

At Paul Hastings, our purpose is clear — to help our clients and people navigate new paths to growth. With a strong presence throughout Asia, Europe, Latin America, and the U.S., Paul Hastings is recognized as one of the world’s most innovative global law firms.