Welcome to Skilled in the Art. I’m Law.com IP reporter Scott Graham. When I was relatively new to IP 3.5 years ago, I wrote about hedge fund manager Kyle Bass’ attempt to use PTAB petitions to short the stock of Acorda Pharmaceuticals. The petitions caused the stock to dip about 10 percent, but Acorda recovered and the PTAB ultimately turned away Bass’ challenge. Now Teva, Mylan and Roxane Labs have invalidated the patents in court, and we’ve got controversy again, this time over whether a “blocking patent” can negate secondary considerations of non-obviousness such as commercial success. I’ve got all the details below. Thanks to all of you who suggested ideas this week. There were a few I couldn’t get to but I’ve got one more newsletter this week. In the meantime, feel free to email me your thoughts and feedback and follow me on Twitter.
Kyle Bass Was 3 Years Too Early on Acorda Short
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