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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
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
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
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
On May 21, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, released its opinion in EcoFactor, Inc. v. Google, LLC. In an 8-2 decision, the court reversed a $20 million jury verdict, holding that the...more
The en banc US Court of Appeals for the Federal Circuit issued a per curiam order vacating its previous panel decision upholding a district court’s denial of the defendant’s motion for a new trial on damages. In that...more
EcoFactor, Inc. v. Google LLC, Appeal No. 2023-1101 (Fed. Cir. Sept. 25, 2024) The Federal Circuit’s only precedential opinion this week was a rare order that granted en banc review of a prior panel decision. Here, the...more
What comes to mind when you think of “hot topics” in patent law? Subject matter eligibility? Obviousness? Damages? Quietly, administrative law has moved to the top of the list of issues that consume the attention of the Court...more
The U.S. Court of Appeals for the Federal Circuit convened an en banc panel to examine the Supreme Court’s “Raging Bull” decision in Petrella v. Metro-Goldwyn-Mayer, Inc. in the context of deciding whether laches remains a...more
Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more