In a notable ruling for Telephone Consumer Protection Act (TCPA) litigation, the U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision to exclude a plaintiff’s expert witness and deny...more
“So when is a question too complicated for the jury?” That is the question the Third Circuit sought to answer recently in Slatowski v. Sig Sauer, Inc., ___ F. 4th ___, 2025 WL 2178533 (3d Cir. 2025), reversing a district...more
In a mixed ruling on evidentiary exclusions and damages methodology, the US Court of Appeals for the Federal Circuit affirmed in part, reversed in part, vacated in part, and remanded a district court’s decision that excluded...more
We previously blogged about a decision in the In re Deepwater Horizon BELO litigation – Ruffin v. BP Exploration & Production, Inc. – in which the Fifth Circuit affirmed summary judgment for defendants in an alleged chemical...more
Jiaxing Super Lighting Electric Appliance, Co. Ltd. v. CH Lighting Technology Co., Ltd., Appeal No. 2023-1715 (Fed. Cir. July 28, 2025) In our Case of the Week, the Federal Circuit addressed three issues arising from a...more
In Jiaxing Super Lighting Elec. Appliance, Co. v. CH Lighting Tech. Co., Ltd, the Court of Appeals for the Federal Circuit reviewed the judgment in a patent infringement case involving three patents owned by Jiaxing Super...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
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 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
In an en banc decision in EcoFactor, Inc. v. Google LLC, the US Court of Appeals for the Federal Circuit concluded that the district court abused its discretion by admitting testimony from a damages expert that a lump-sum...more
EcoFactor, Inc. v. Google LLC, Appeal No. 2023-1101 (Fed. Cir. May 21, 2025) In its first en banc decision of the year, the Federal Circuit reversed a district court’s admission of expert testimony concerning damages,...more
Last week, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued its first en banc decision in a utility patent case in several years. The case involves the gatekeeping function of district courts vis-à-vis expert...more
Earlier this month, the Supreme Court declined to hear an appeal from the Ninth Circuit’s decision in Lytle v. Nutramax Laboratories, Inc. affirming the certification of a class of owners of elderly dogs, alleging that the...more
For anyone following the evolving admissibility standards for expert opinions relating to patent damages, the EcoFactor v. Google case is one to watch. In December 2024, the Federal Circuit granted Google’s petition for...more
The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton...more
February 11, 2025 Types : Alerts Meta Platforms, Inc. recently defeated certification of a class of consumers who claim the company lied about its user privacy safeguards and violated antitrust laws. ...more
U.S. Eleventh Circuit Court of Appeals - Isaac Indus v. PDVSA - personal jurisdiction, foreign sovereign immunity, breach of contract - USA v. Schwarzbaum - foreign bank accounts, IRS form FBAR, penalties, Excessive...more
In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more
U.S. Eleventh Circuit Court of Appeals - Siples v. BR Exploration – Daubert, causation testimony, toxic exposure - Lozman v. Riviera Bch – eminent domain, comprehensive plan, ripeness - Hidroelectrica Santa Rita v....more
Parkervision, Inc. v. Qualcomm Inc., Appeal Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024) In this week’s Case of the Week, the Federal Circuit weighed in again on a 13-year-old patent dispute concerning Qualcomm’s...more
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Appeal No. 2022-1873 (Fed. Cir. Oct. 16, 2023) In this week’s Case of the Week, the Federal Circuit reversed and remanded a California district court’s judgment as a...more
Loss of productivity damages are commonly estimated using a “measured mile” analysis, which compares unimpacted construction work to work which has been disrupted to determine the cost impact of the disruption. Such analyses...more
The US Court of Appeals for the Sixth Circuit reversed and remanded a summary judgment ruling, finding that there were genuine disputes of material fact regarding whether the plaintiff’s alleged trade dress was functional and...more
It is not uncommon for an opposing expert to opine that the existence of injury alone implies negligence, nor is it unusual to find that such opinions are supported only by general reliance on “literature” with no discernible...more
Niazi Licensing Corporation v. St. Jude Medical SC, Inc., Appeal No. 2021-1864 (Fed. Cir. Apr. 11, 2022) - The Federal Circuit’s only precedential patent decision this week comes on appeal from a district court decision...more