Bar Exam Toolbox Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence)
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
The Impact of the Horn Case on RICO - RICO Report Podcast
Law School Toolbox Podcast Episode 497: Listen and Learn -- Incidental, Reliance, and Restitution Damages (Contracts)
Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings
False Claims Act Insights - Assessing the Fallout from a Thermonuclear FCA Verdict
3 Key Takeaways | What Corporate Counsel Need to Know About Patent Damages
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
Supreme Court to Settle Circuit Split Regarding RICO Damages Arising From Personal Injuries — RICO Report Podcast
RICO Damages — RICO Report Podcast
(Podcast) The Briefing: How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
The Briefing; How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Using Expert Witnesses in FCRA Cases - FCRA Focus
#WorkforceWednesday: How to Pursue Damages in Trade Secrets Litigation - Employment Law This Week® - Spilling Secrets Podcast
How Do You Measure The Economic Value of Ecosystems?
Podcast: Discussing Florida Tort Reform with William Large and Tiffany Roddenberry
6 Key Takeaways | Presenting Damages in International Arbitration
Bar Exam Toolbox Podcast Episode 167: Listen and Learn -- Direct and Derivative Actions (Corporations)
The Unified Patent Court – a one-stop-shop for European patent litigation – is now two years old. As it enters its third year of operation, we look at the approach that is becoming established in the new system, drawing out...more
"Hard times arouse an instinctive desire for authenticity," Coco Chanel once said. Chanel, the eponymous company, has taken this motto to heart in its unwavering commitment to protecting its intellectual property — an effort...more
Top Brand LLC v. Cozy Comfort Company LLC, Appeal No. 2024-2191 (Fed. Cir. July 17, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit held that prosecution history disclaimer applies to...more
Patents are a mutually beneficial agreement between inventors and the government. Each side makes concessions in service of their own, and the greater, good. It’s a careful balance, where policy and rules that are too...more
In two June 2025 decisions, the Federal Circuit Court of Appeals rejected patent infringement jury verdicts for $218.5 million and $300 million—one reversed for claiming patent ineligible subject matter, and the other vacated...more
In a pivotal ruling for patent damages and standard-essential patent (SEP) litigation, the Federal Circuit vacated a $300 million award against Apple in a long-standing dispute with Optis Cellular Technology, LLC. See Optis...more
In EcoFactor, Inc. v. Google LLC, the en banc United States Court of Appeals for the Federal Circuit reversed a district court’s denial of a new trial on damages because EcoFactor’s expert’s opinion was unreliable under Fed....more
In a recent patent case, the U.S. government urged a Texas federal court to give greater weight to the difficulty of calculating damages as a basis for finding irreparable harm. If embraced by courts, the move could give...more
On June 16, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated a $300 million damages award because the district court used a flawed verdict form, which included only a single, blanket question as to...more
Almost two decades ago, the Supreme Court handed down what has turned out to be one of its most significant patent decisions of this century: eBay v. MercExchange. The eBay case has had the effect of precluding prevailing...more
OPTIS CELLULAR TECHNOLOGY, LLC v. APPLE INC. - Before Prost, Reyna, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Patent plaintiffs have a right to a unanimous verdict on each...more
On May 21, 2025, the United States Court of Appeals for the Federal Circuit, sitting en banc, reversed a $20 million damages award against Google LLC in a patent infringement dispute with EcoFactor, Inc. EcoFactor, Inc. v....more
On June 16, in Optis Cellular Technology v. Apple Inc., the Federal Circuit issued a decision reversing the district court on multiple grounds, including § 101 patent eligibility and trial procedure, in vacating infringement...more
ECOFACTOR, INC. V. GOOGLE LLC - Before the en banc court, Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States District Court for the Western District of Texas. A district...more
Apple has escaped a $300 million patent infringement verdict after a three-judge panel of the United States Court of Appeals for the Federal Circuit vacated both the infringement and damages judgment because of faulty jury...more
Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes,...more
In the United States, a plaintiff must have standing to bring suit in U.S. courts. For patent cases, this means that for a plaintiff to have constitutional standing, the plaintiff must show that it has “an exclusionary right...more
Recently, the Federal Circuit vacated both the infringement and damages judgments against Apple in a patent case that involves standard-essential patents (SEPs) related to Long-Term Evolution (LTE) technology brought in the...more
Optis Cellular Technology, LLC v. Apple Inc., Appeal Nos. 2022-1904, -1925 (Fed. Cir. June 16, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit vacated a jury decision awarding...more
Complex damages analyses require skilled professionals who understand the law and facts of each case to navigate to success. The Federal Circuit’s recent en banc ruling in EcoFactor v. Google reiterates that point. The...more
The Federal Circuit's recent en banc decision in EcoFactor, Inc. v. Google LLC has already been touted as a landmark decision on expert damages testimony in patent cases. In EcoFactor, the Federal Circuit weighed in on the...more
On May 21, 2025, the Federal Circuit en banc banished the notion that the reliability of an expert’s methodology under Federal Rule of Evidence 702 (“Rule 702”) is a question of weight, not admissibility. The en banc Court...more
On May 21, 2025, in an en banc decision, the U.S. Court of Appeals for the Federal Circuit vacated its earlier panel ruling and remanded the case of EcoFactor Inc. v. Google LLC for further proceedings. The court focused on...more
On May 21, 2025, the Federal Circuit issued an en banc decision in EcoFactor, Inc. v. Google LLC, highlighting the critical gatekeeping role of district courts under Federal Rule of Evidence 702 and Daubert standards,...more
Precedential and Key Federal Circuit Opinions - ECOFACTOR, INC. v. GOOGLE LLC [OPINION] (2023-1101, 5/21/2025) (Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, Stark) - Moore, C.J. The en banc Court reversed...more