The appeal of Google v. Sonos centers on the application of prosecution laches regarding the '885 and '966 patents. Sonos' brief questions the district court's ruling on unenforceability without addressing prosecution laches directly. The U.S. Supreme Court's 2017 ruling established that laches cannot apply when patent litigation starts within the statute of limitations, reinforcing that Congress authorizes infringement claims within specified time frames. Hence, prosecution laches could be inappropriate based on existing precedent.
"If it is repugnant for legislation to apply retroactively to destroy settled expectations, it must similarly be repugnant for a concocted common law doctrine to be applied retroactively to destroy settled expectations."
"Whether the district court erred in applying prosecution laches to declare the '885 and '966 patents unenforceable, based on nothing but standard continuation practice that did not extend the patents' terms."
"The 2017 decision of the U.S. Supreme Court in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, specifically dealt with the question of laches in the patent context."
"The Supreme Court held that there could be no laches if a patent infringement litigation were commenced during the statute of limitations."
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