Following a string of denials, the PTAB has recently instituted IPR against several pharmaceutical patents where the petitions were filed by entities linked to hedge funds. Prior to these recent institution decisions, there were open questions of whether the PTAB would deny such petitions on the basis of abuse of the IPR process. See “PTAB Requests Additional Briefing on Hedge Fund IPR Questions: A Decision May Be Near”. “We take no position on the merits of short-selling as an investment strategy and note only that Patent Owner does not contend that such a strategy is illegal or unregulated. The purposes...