Intellectual Property and Life sciences attorney Emer Simic recently authored the article, What Vidal’s Sua Sponte Director Review of Unprecedented PTAB Sanctions Order Could Mean for PTAB Practice," published in IPWatchdog on September 14.
In the article, Emer discusses the recent unprecedented sanctions imposed by the Patent Trial and Appeal Board (PTAB) on Longhorn Vaccine for violating the duty of candor by withholding test data relevant to patentability. The PTAB canceled five of Longhorn's patents as sanctions, leading to U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal's sua sponte review of the sanctions order. The article explores the implications of these sanctions, Director Vidal's crackdown on inter partes review (IPR) abuses, and provides guidance to practitioners on avoiding accusations of misconduct before the PTAB.
Click here to read the entire article.