The Patent Trial and Appeal Board (PTAB) has granted pharmaceutical company Celgene Corp. permission to file a motion for sanctions for abuse of process against an organization created by hedge fund manager Kyle Bass, a move that, if successful, could halt similar patent challenges that pharma companies allege were made so Bass could short-sell the stock.
“This motion represents a possible new avenue to challenge Bass’s effort to use the IPR procedure to lower the stock prices of targeted pharmaceutical companies,” Cary Miller and Matthew I. Kreeger, two Morrison & Foerster attorneys, wrote in a client alert posted on the firm’s website.
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