UPDATE: PTAB denies both IPRs of Acorda’s Ampyra patents

25 August 2015

US biotech firm Acorda Therapeutics (Nasdaq: ACOR) yesterday announced that the US Patent and Trademark Office (USPTO) Patent Trials and Appeal Board (PTAB) will not institute the inter partes review (IPR) of US Patent Nos 8,663,685 and 8,007,826, relating to the company’s Ampyra (dalfampridine).

The USPTO declined to review petitions brought by hedge-fund manager Kyle Bass, and the news sent Acorda’s shares rocketing 15.4% to $33.42 in morning trading today, having risen as much as 31% to $38.00. The decision to reject the petition cannot be appealed.

The '685 and '826 patents are two of five Orange Book-listed patents that apply to Ampyra extended release tablets, a novel treatment for multiple sclerosis developed by Acorda. Ampyra is a standard of care for improving walking in MS. The '685 and '826 patents are set to expire in 2025 and 2027, respectively, said Acorda.

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