Kyle Bass Files His first Inter Partes ReviewVW Staff
It looks like Kyle Bass now filed his first Inter Partes Review. See the attached retition below.
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
COALITION FOR AFFORDABLE DRUGS (ADROCA) LLC
ACORDA THERAPEUTICS, INC.
Case No.: Not yet assigned
Patent No. 8,663,685
Filed: July 20, 2011
Issued: March 4, 2014
Inventors: Andrew R. Blight, Ron Cohen
Title: SUSTAINED RELEASE AMINOPYRIDINE COMPOSITION
PETITION FOR INTER PARTES REVIEW
OF U.S. PATENT NO. 8,663,685
Petitioner Coalition For Affordable Drugs (ADROCA) LLC (“CFAD”) requests an Inter Partes Review (“IPR”) of claims 1–8 of U.S. Patent No. 8,663,685 (“the ’685 patent,” Ex. 1001) in accordance with 35 U.S.C. §§ 311–19 and 37 C.F.R. §§ 42.100 et seq.
II. GROUNDS FOR STANDING (37 C.F.R. § 42.104(a))
Pursuant to 37 C.F.R. § 42.104(a), Petitioner certifies that the ’685 patent is available for Inter Partes Review, and that Petitioner is not barred or estopped from requesting Inter Partes Review challenging the claims of the ’685 patent on the grounds identified in this petition.
III. MANDATORY NOTICES (37 C.F.R. § 42.8)
A. Real Parties-In-Interest (37 C.F.R. § 42.8(b)(1))
Pursuant to 37 C.F.R. § 42.8(b)(1), Petitioner certifies that Coalition For Affordable Drugs (ADROCA) LLC (“CFAD”), Hayman Credes Master Fund, L.P. (“Credes”), Hayman Capital Master Fund, L.P. (“HCMF”), Hayman Capital Management, L.P. (“HCM”), Hayman Offshore Management, Inc. (“HOM”), Hayman Investments, L.L.C. (“HI”), nXn Partners, LLC (“nXnP”), IP Navigation Group, LLC (“IPNav”), J. Kyle Bass, and Erich Spangenberg are the real parties in interest (collectively, “RPI”). The RPI hereby certify the following information: CFAD is a wholly owned subsidiary of Credes. Credes is a limited partnership. HCMF is a limited partnership. HCM is the general partner and investment manager of Credes and HCMF. HOM is the administrative general partner of Credes and HCMF.
HI is the general partner of HCM. J. Kyle Bass is the sole member of HI and sole shareholder of HOM. CFAD, Credes and HCMF act, directly or indirectly, through HCM as the general partner and/or investment manager of Credes and HCMF. nXnP is a paid consultant to HCM. Erich Spangenberg is 98.5% member of nXnP. IPNav is a paid consultant to nXnP. Erich Spangenberg is the 98.5% member of IPNav. Other than HCM and J. Kyle Bass in his capacity as the Chief Investment Officer of HCM and nXnP and Erich Spangenberg in his capacity as the Manager of nXnP, no other person (including any investor, limited partner, or member or any other person in any of CFAD, Credes, HCMF, HCM, HOM, HI, nXnP or IPNav) has authority to direct or control (i) the timing of, filing of, content of, or any decisions or other activities relating to this Petition or (ii) any timing, future filings, content of, or any decisions or other activities relating to the future proceedings related to this Petition. All of the costs associated with this Petition will be borne by HCM, CFAD, Credes and/or HCMF.
B. Related Matters (37 C.F.R. § 42.8(b)(2))
Pursuant to 37 C.F.R. § 42.8(b)(2), Petitioner states that the ’685 patent is the subject of several matters that may affect, or may be affected by a decision in this proceeding: Acorda Therapeutics, Inc. v. Mylan Pharms. Inc., No. 1:14-cv-00935 (D. Del; Acorda Therapeutics, Inc. v. Mylan, No. 1:14-cv-00139 (N.D.W.Va.); Acorda Therapeutics, Inc. v. Accord and Intas, No. 1:14-cv-00932 (D. Del.); Acorda Therapeutics, Inc. v. Actavis, No. 1:14-cv-00882 (D. Del.); Acorda Therapeutics, Inc. v. Alkem, No. 1:14-cv-00917 (D. Del.); Acorda Therapeutics, Inc. v. Apotex, No. 1:14-cv-00955 (D. Del.); Acorda Therapeutics, Inc. v. Aurobindo, No. 1:14-cv-00909 (D. Del.); Acorda Therapeutics, Inc. v. Roxane, No. 1:14-cv-00922 (D. Del.); Acorda Therapeutics, Inc. v. Teva, No. 1:14-cv-00941 (D. Del.).
C. Lead and Back-Up Counsel (37 C.F.R. § 42.8(b)(3)) and Service Information (37 C.F.R. § 42.8(b)(4))
Lead counsel is Ki O, Reg. No. 68,952 ([email protected]). Back-up counsel are Sarah E. Spires, Reg. No. 61,501, [email protected]; Dr. Parvathi Kota, Reg. No. 65,122, [email protected]; and Paul J. Skiermont (pro hac vice requested), [email protected]; all of Skiermont Puckett LLP, 2200 Ross Ave. Ste. 4800W, Dallas, Texas 75201, P: 214-978-6600/F: 214-978-6601. Petitioner consents to electronic service.
IV. PAYMENT OF FEES (37 C.F.R. § 42.15(a) and § 42.103))
The required fees are submitted herewith in accordance with 37 C.F.R. §§ 42.15(a) and 42.103(a). To the extent any additional fees are required to complete this Petition, the Patent Office is hereby authorized by the undersigned to charge Deposit Account No. 506293 for such fees. Any overpayment refund of fees may also be deposited in this Deposit Account.