Cancellation of Claims Deemed An Inappropriate Sanction, PTAB Litigation Blog
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USPTO Acting Director Stewart sua sponte reconsidered and modified a previous Director Review decision that had affirmed cancellation of all 183 challenged claims as a sanction against patent owner Longhorn Vaccines. Spectrum Sols. LLC v. Longhorn Vaccines & Diagnostics, LLC, IPR Nos. 2021-00847, -00850, -00854, -00857, -00860, Paper 147 at 2 (Stewart June 5, 2025). Acting Director Stewart vacated the PTAB’s cancellation of the claims, finding cancellation of claims to be an inappropriate sanction “[a]bsent extraordinary circumstances.” Id., at 2.
* Jessie Hess, who was a summer associate in Jones Day’s Pittsburgh Office, assisted in the preparation of this blog.
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