Life Science Legal ReportFederal Circuit Applies § 325(d) to Reexamination Requests By Maria A. Stubbings October 12, 2021 Section 325(d) gives the Patent Trial and Appeal Board (“PTAB”) discretion to deny a post-grant petition when “the same or substantially the same prior art or arguments previously were presented to the Office.” 35 U.S.C. § 325(d). Both the PTAB…