Acorda Therapeutics Inc.'s celebration in defeating Kyle Bass' challenge of its Ampyra (dalfampridine) patents in inter partes review (IPR) proceedings was short-lived as a district court found them to be invalid, clearing the way for possible generic entry in July 2018. The different outcomes show the perils of both pathways for patent owners.
In a March 31 opinion, US District Court for the District of Delaware Judge Leonard Stark ruled that the defendants – Apotex Inc., Mylan Pharmaceuticals Inc., Roxane Laboratories Inc. and Teva Pharmaceutical Industries Ltd. – had met the burden of proving that four Acorda patents are invalid as obvious
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