An innovative new technique for gaming the financial markets\u00a0emerged in late 2014 when a hedge fund manager began filing\u00a0inter partes review petitions with the United States Patent and\u00a0Trademark Office against pharmaceutical companies in an attempt\u00a0to profit from the short selling of pharmaceutical stocks. The\u00a0pharmaceutical industry deemed this practice an abuse of process\u00a0and attempted to regulate and deter these tactics by protesting to\u00a0the Patent Trial and Appeal Board to sanction those who use the\u00a0strategy and for the Patent and Trademark office to issue a new\u00a0policy banning the strategy. However, the Board declined to\u00a0impose sanctions on hedge fund manager Kyle Bass for abuse of\u00a0process. Options to halt the strategy include Congressional action,\u00a0agency action, and Judicial Review of the Patent and Trademark\u00a0Office\u2019s ruling. This Recent Development will present means of\u00a0regulating this activity and ultimately argue that the Patent Trial\u00a0and Appeal Board made the best decision by leaving the issue for\u00a0Congressional action.<\/p>\n","protected":false},"excerpt":{"rendered":"
An innovative new technique for gaming the financial markets\u00a0emerged in late 2014 when a hedge fund manager began filing\u00a0inter partes review petitions with the United States Patent and\u00a0Trademark Office against pharmaceutical companies in an attempt\u00a0to profit from the short selling of pharmaceutical stocks. The\u00a0pharmaceutical industry deemed this practice an abuse of process\u00a0and attempted to regulate …<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[5,68,71],"tags":[],"_links":{"self":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/3844"}],"collection":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/comments?post=3844"}],"version-history":[{"count":1,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/3844\/revisions"}],"predecessor-version":[{"id":7258,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/3844\/revisions\/7258"}],"wp:attachment":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/media?parent=3844"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/categories?post=3844"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/tags?post=3844"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}