Petition for Inter Partes Review by Coalition For Affordable Drugs V LLC, IPR2015-01086 (PTAB June 25, 2015, Order) (Hulse, APJ)
Monday, June 29, 2015
PTAB Authorizes Motion for Additional Discovery Concerning Possible Abuse of Process by the Coalition for Affordable Drugs
The Board granted the patent owner's request to file a motion for additional discovery concerning possible abuse of process by two real parties in interest. "[The] Patent Owner requests two non-public offering documents for [two named funds] both of which have been identified as real parties-in-interest in these proceedings. Patent Owner asserts that the documents will disclose the mandates of the funds, which likely will provide details as to the purpose of funds. In particular, Patent Owner asserts that the stated mandates will further explain a principal purpose of the funds, which is to take short stock positions against pharmaceutical companies. Patent Owner contends that this information will support its position that the filings of the Petitions are an abuse of process or an improper use of the proceeding under 37 C.F.R. § 42.12. . . . In light of the narrowly tailored request for specific documents, we grant Patent Owner’s request and authorize the filing of a motion for additional discovery."