PTAB denies institution of Coalition for Affordable Drugs inter partes review challenges to Biogen patents

A group of hedge funds managed by Kyle Bass filed inter partes review (IPR) petitions challenging two patents covering the multiple sclerosis drug Tecfidera^®, held by Finnegan client Biogen MA. Finnegan filed preliminary responses on behalf of Biogen, arguing that the petitions failed to demonstrate that the prior art rendered the claimed inventions obvious, and secured non-institution decisions in both proceedings. The Patent Trial and Appeal Board (PTAB) denied institution on all grounds, concluding that both petitions failed to establish a reasonable likelihood that any of the challenged claims were unpatentable. The PTAB also denied the petitioner’s request for rehearing, which was filed in one of the proceedings. In a third proceeding, the Board issues a final decision confirming patentability.