Acorda Wins IPRs, Defeating Hedge Fund’s Attempt to Invalidate Drug Patents

August 25, 2015

New York, NY – Paul Hastings LLP, a leading global law firm, and client Acorda Therapeutics, Inc. won two 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 August 24, 2015, the Patent Trial and Appeal Board (“PTAB”) denied institution on all grounds for the two IPRs (IPR2015-00720 and IPR2015‑00817) the Coalition for Affordable Drugs, an organization with close ties to hedge fund manager Kyle Bass, filed against Acorda Therapeutics. Paul Hastings represented Acorda Therapeutics before the PTAB.

“We’re extremely gratified by the Board’s decision denying two petitions by Mr. Bass and his consortiums in the first-of-its-kind decision,” said Gerald Flattmann, an intellectual property partner at Paul Hastings. "We were honored to have the opportunity to represent Acorda in these important cases.”

Kyle Bass’ group is challenging pharma patents of several drug companies through the IPR process. Acorda was the first company Mr. Bass’ group challenged before the PTAB. The PTAB denied institution of the IPRs against Acorda on substantive grounds, finding that Mr. Bass’ group had not demonstrated that material it relied upon in its challenges qualified as “printed publications.”

The Paul Hastings team was led by partners Gerald Flattmann and Naveen Modi‎, with invaluable support from associate Daniel Zeilberger and senior technical advisor Thomas Phalen.

This victory follows the announcement that Paul Hastings is first among general practice firms in overall PTAB filings – and fourth among all firms – for the first half of 2015. Naveen Modi and Joseph Palys are top five in individual filings, with Naveen first overall.

Paul Hastings is a leading global law firm with a strong presence throughout Asia, Europe, Latin America, and the United States. Through a collaborative approach, entrepreneurial spirit, and commitment to client service, the professionals of Paul Hastings deliver innovative solutions to many of the world’s top financial institutions and Fortune 500 companies.