Lingyin Ge

Lingyin assists the firm in biotechnology patent prosecution. She has extensive knowledge in the areas of immunology, miRNA biology, pulmonary diseases and translational research.

Recent Posts

In Follow-On IPR Petitions, Different Prior Art May Not Be Considered Substantially Different

Posted by Lingyin Ge on Jun 18, 2019

Lingyin Ge

An IPR follow-on petitioner may find it particularly challenging to select the best prior art references and arguments to submit to the PTAB. To make matters worse, the PTAB may decide to invoke its discretionary denial under 35 U.S.C. § 325(d) if it considers the prior art and/or arguments submitted in the follow-on petition to be the same or substantially the same as those considered during prosecution, in parallel proceedings, or in an earlier-filed IPR petition, even if the follow-on petition is filed by a different entity.

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Topics: Prior Art, IPR

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