Insights: Alert Exercising Care in Selecting Grounds is Even More Crucial Post-SAS

Petitioners are best served by pursuing a limited number of grounds based on the best prior art they can find. This is due in large measure to (1) the limited space Petitioner has to make its arguments, and (2) estoppel based on prior art that was raised or could have been raised. See 37 CFR § 42.24 and 35 U.S.C. § 315(e).

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