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ARTICLE · 08 SEPTEMBER 2025

Federal Circuit Skeptical Of Prosecution Laches

In Google v. Sonos, the Federal Circuit soundly disposed of arguments that the patent-in-suit was unenforceable due to laches based on an "unreasonable delay"...

United StatesIntellectual Property

In Google v. Sonos, the Federal Circuit soundly disposed of arguments that the patent-in-suit was unenforceable due to laches based on an "unreasonable delay" in patent prosecution. Does the court's reasoning foreclose the prosecution laches defense for any later-claimed invention disclosed in a published parent application? Is there merit to Judge Alsop's concerns that unlimited continuation practice can inhibit competition and disrupt the careful balance struck between promoting and protecting innovation?

The District Court Decision

Judge Alsup's Order on prosecution laches did not mince words:

The essence of this order is that the patents issued after an unreasonable, inexcusable, and prejudicial delay of over thirteen years by the patent holder, Sonos, Inc. Sonos filed the provisional application from which the patents in suit claim priority in 2006, but it did not file the applications for these patents and present the asserted claims for examination

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