The Kyle Bass pharma “short activism”continues this time against Biogen…

UNITED STATES PATENT AND TRADEMARK OFFICE

____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD

____________

Coalition For Affordable Drugs V LLC

Petitioner

v.

Biogen IDEC International GmbH

Patent Owner

____________

Case IPR Unassigned

Patent 8,759,393

Title: UTILIZATION OF DIALKYLFUMARATES

____________

PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,759,393 UNDER 35 U.S.C. § 312 AND 37 C.F.R. § 42.104

Mail Stop PATENT BOARD

U.S. Patent Trial & Trademark Office

P.O. Box 1450

Alexandria, VA 22313-14

Kyle Bass vs Biogen: Utilization Of Dialkylfumarates – Introduction

The ‘393 patent, entitled “Utilization of Dialkylfumarates” and filed on March 4, 2011 is a continuation of application no. 12/405,665 (now US 7,915,310) filed on March 17, 2009, which is a continuation of application no. 11/765,578 (now US 7,619,001) filed on June 20, 2007, which is a continuation of application no. 10/197,077 (now US 7,320,999) filed on July 17, 2002 which is a division of application no. 09/831,620 (now US 6,509,376) filed on May 10, 2001 which is the National Stage Entry of PCT/EP99/08215 filed on October 29, 1999 and published in German on June 2, 2000, which claims priority to German application no. 19853487 filed on November 19, 1998. (Ex. 1005). The ‘393 patent was originally assigned to Fumapharm AG. Fumapharm AG was acquired by Biogen IDEC International AG in 2006 and the ‘393 patent was assigned to Biogen IDEC International AG on May 15, 2007. (Ex. 1006). Biogen IDEC International AG changed its name to Biogen IDEC International GMBH on May 15, 2007. (Ex. 1006).

In accordance with 35 U.S.C. §§ 311-319 and 37 C.F.R. §§ 42.1-.80 & 42.100-123, inter partes review is respectfully requested for claims 1-13 of U.S. Patent No. 8,759,393 to Joshi et al., titled “Utilization of Dialkylfumarates” (‘393 patent) (Ex. 1001). This petition demonstrates that there is a reasonable likelihood that the petitioner will prevail on at least one of the claims challenged in the petition based on one or more prior art references. For the reasons provided herein, claims 1-13 of the ‘393 patent should be canceled as unpatentable.

II. Mandatory notices

A. Real Party-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 V LLC (“CFAD”), Hayman Credes Master Fund, L.P. (“Credes”), Hayman Orange Fund SPC – Portfolio A (“HOF”), 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. HOF is a segregated portfolio company. HCMF is a limited partnership. HCM is the general partner and investment manager of Credes and HCMF. HCM is the investment manager of HOF. 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, HOF and HCMF act, directly or indirectly, through HCM as the general partner and/or investment manager of Credes, HOF 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/CEO of nXnP, no other person (including any investor, limited partner, or member or any other person in any of CFAD, Credes, HOF, 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, HOF and/or HCMF.

B. Related Matters 37 C.F.R. § 42.8(b)(2)

To the best of Petitioner’s knowledge, there are no pending litigations or other related matters related to the ‘393 patent that would affect, or be affected by, a decision in this proceeding.

C. Designation of Lead and Backup Counsel 37 C.F.R. § 42.8(b)(3)

Pursuant to 37 C.F.R. §§ 42.8(b)(3) and 42.10(a), Petitioner hereby identifies its lead and backup counsel as shown below. A Power of Attorney is being filed concurrently herewith in accordance with 37 C.F.R. § 42.10(b).

Biogen

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