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
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
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
In June 2024, a California jury awarded plaintiffs nearly $4.8 billion in an antitrust class action against the National Football League (NFL) and DirecTV. In the case, In re National Football League's "Sunday Ticket"...more
In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers’ relative...more
Actuarial tables put the life expectancy of a 31-year-old male at 46.5 more years. But when Christopher McDaniel died at 31, allegedly as a result of medical negligence, the court calculated his life expectancy at no more...more