No. No attorney I have ever met holds back on valid arguments or positions he/she knows about in briefs or OA before a D.Ct. or the CAFC
An initial failure(or error) to recognize he/she has that valid or worthy position is another matter. Mistakes or misapprehensions re facts have happened to everyone; it appears here a number of Fish and Covington attorneys all failed to recognize some of the facts, as HK(and Dr. Bhatt et al) did recognize here.
Being an editor of professional journals, I recognize the authors I published had errors, sometimes numerous errors, in their submitted articles. I like to think I caught most of them, but I saw later I did not catch all of them.
News 
Market Data 
Discover 
AI
