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On June 20, 2023, the Patent Trial and Appeal Board issued a decision in favor of Haug Partners client Sartorius BioAnalytical Instruments, Inc. (Gator Bio, Inc. v. Sartorius BioAnalytical Instruments, Inc., IPR2023-00215 (Paper 19)). In November 2022, Gator Bio, Inc. filed a petition for inter partes review of Sartorius’s U.S. Patent No. 8,305,585. Sartorius filed a preliminary response, arguing (among other things) that the alleged prior art cited in the petition was cumulative of the references that were before the Examiner during patent prosecution. In its decision, the PTAB agreed that the grounds for unpatentability presented in the petition were cumulative of the information that the Examiner had already considered. Accordingly, the PTAB denied the petition for inter partes review.
The PTAB’s decision is attached here.