The Federal Circuit is reviewing EcoFactor v. Google to clarify the reliability standards for expert damages testimony under Federal Rule of Evidence 702.
Google argues that the damages testimony from EcoFactor's expert is unreliable, citing flaws in methodology that could lead to speculative conclusions.
The case highlights a tension between robust judicial gatekeeping and the constitutional right to jury determinations in patent cases regarding damages.
This en banc review presents an opportunity for the Federal Circuit to define the boundary between permissible approximations of damages and unreliable speculations.
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