The Federal Circuit is reviewing the case Google v. Sonos concerning prosecution laches. The panel includes Judges Prost, Lourie, and Renée Marie Bumb. This composition might favor a ruling beneficial to Google. Judge Lourie previously authored a significant decision in 2005 that revived prosecution laches. In another notable case, Cancer Research Tech. Ltd. v. Barr Laboratories, Inc., Judge Prost dissented regarding the enforcement of a patent based on prosecution laches, indicating differing views on the doctrine among the judges.
The Federal Circuit is hearing oral arguments in Google v. Sonos regarding prosecution laches. Judges Prost, Lourie, and Bumb are sitting on the panel.
The panel has the potential to lead to a pro-Google decision. Judge Lourie has a significant background with the doctrine, including the revival of prosecution laches.
Judge Lourie authored the Symbol v. Lemleson decision in 2005, which revived the doctrine of prosecution laches.
In Cancer Research Tech. Ltd. v. Barr Laboratories, Inc., Judge Prost dissented, believing the patent should be deemed unenforceable due to prosecution laches.
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