Banner Witcoff Secures Win for Sebia

Banner Witcoff secured a win for client Sebia at the PTAB by convincing the Board to deny institution of Helena Labs’ Petition for Inter Partes Review of Sebia’s patent related to separation of hemoglobins.  Banner Witcoff argued that Helena Labs’ prior art and arguments were the same as or substantially the same as those consider during prosecution.  Banner Witcoff also argued that Helena Labs failed to demonstrate that the USPTO erred in its evaluation of the prior art and arguments during prosecution.  The Board agreed on both counts, denying institution on all challenged claims and thereby preventing institution of trial. Find the full decision by clicking here.