Duty of Candor is Not to be Ignored

Duty of Candor is Not to be Ignored, PTAB Litigation Blog

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In a rare exercise of authority, the PTAB issued sanctions against a Patent Owner for failure to meet its duty of candor and good faith by withholding information relevant to the patentability of challenged and substitute claims in Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC, IPR2021-00847, IPR2021-00850, IPR2021-00854, IPR2021-00857, IPR2021-00860.  The sanctions order resulted in the cancellation of all 183 challenged claims of the five instituted patents, which covered chemical compositions and methods for biological specimen collection including preserving biological samples, killing pathogens, and preventing degradation of nucleic acids.

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