Further to an earlier IPBiz post, there has been discussion of PTAB's denial of Kyle Bass's petition on Acorda's Ampyra. The reason for denial by PTAB turned on the issue of whether or not two poster presentations (that of Goodman and that of Hayes ) were printed publications suitable for mounting an IPR challenge.These two references were mentioned in an Information Disclosure Statement (IDS) by the patentee. So the Bass team did not identify any new "smoking guns" but rather used information they obtained from the patentee's IDS. PTAB quickly disposed of any idea that the patentee "admitted" Goodman and Hayes were prior art:Petitioner asserts that the Goodman poster “constitutes prior art under35 U.S.C. § 102(b) because it was published at least as early as September18–21, 2002 (a fact admitted by the ’685 patent applicants in an October 1,2012 IDS, see Ex. 1043, at Reference No. C416).” Pet. 18.…
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