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John P. Isacson, a partner and registered patent attorney in the Intellectual Property Department of Pepper Hamilton, was quoted in the September 9, 2019 Law360 article “The Estoppel Questions on the Minds of Patent Challengers.”
Other judges have gone even further, finding estoppel applies to any grounds that could have been found during a reasonably diligent search. "It really comes down to the particular judge, unfortunately, until we get the higher courts to clarify," said Mr. Isacson.