(FROM THE WALL STREET JOURNAL 6/26/15) 
   By Ed Silverman 

One of the world's largest biotech companies is fishing for bass -- Kyle Bass.

In response to a patent challenge filed by the hedge-fund manager, Celgene Corp. recently won permission from the U.S. Patent and Trademark Office to file a motion seeking sanctions against a Bass entity for allegedly abusing the process for reviewing patents.

Although Celgene hasn't yet filed a motion, the development is being closely watched because it raises the possibility that patent officials may put an end to a tactic Mr. Bass has used to challenge valuable patents held by drug makers.

Several times over the past few months, his Coalition for Affordable Drugs sought to invalidate patents by arguing they don't represent an innovation and, instead, are designed to thwart competition. By challenging the patents, Mr. Bass contends rival drugs would emerge faster and prices would drop.

His filings have been part of a wave of challenges that emerged following a provision in the America Invents Act that went into effect in September 2012. Known as Inter Partes Review, the law makes it easier and faster to file a patent challenge.

But critics say Mr. Bass, who heads Hayman Capital Management LP, has an ulterior motive: betting against, or shorting, the shares of drug makers and biotechs whose patents he maintains are spurious. And the tactic has angered companies, which claim Mr. Bass is abusing the patent system.

"The companies are concerned that he drives down the stock quickly, and then makes his money buying [the shares] on the way back up," says Matthew Cutler, an attorney at Harness Dickey, who specializes in intellectual property. "This isn't the way they thought the law would be used."

Celgene attorneys made this point in a June 3 email to the patent office. But there was more. They also alleged that Mr. Bass's coalition threatened to challenge Celgene patents "unless Celgene met their demands." Those demands weren't specified, but the email states that "when Celgene did not pay," the patent challenges were filed, according to the patent office order, which cited the email.

In response, Hayman sent a statement saying the coalition is seeking a "merit-based review" of Celgene patents and charged that the biotech is "resorting to desperate procedural tactics. If Celgene had any confidence in the strength of their patents, they would welcome the opportunity to publicly defend their government-issued monopoly instead of obfuscating the issue."

As for Celgene, a spokesman declined to comment on the specifics of the case or when a motion for sanctions may be filed. But he did write that the biotech "believes in the strength of its intellectual property, and will continue to vigorously defend its patents."

Of course, it remains to be seen whether the patent office would sanction Mr. Bass and dismiss his patent challenge. But if that happens, it could create a precedent for other companies trying to fend off his filings.

"If the patent board found that filing a [challenge] to influence a company's stock price constituted abuse of process," says attorney Matthew Kreeger, an intellectual property specialist at law firm Morrison Foerster LLP, "that could put an end to the Kyle Bass strategy."

And that would be a big catch.

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