The Federal Circuit's en banc review in EcoFactor, Inc. v. Google LLC examines the standards applied to expert testimony concerning patent damages. Central to the discussion is whether EcoFactor's expert improperly based royalty rates on agreements containing performative non-binding clauses rather than substantive binding payment provisions. Judge Albright allowed the expert's testimony, which calculated $20 million in damages against Google for alleged infringement of EcoFactor's smart thermostat patent, raising important questions about the credibility and basis of expert opinions in such litigation.
The Federal Circuit's en banc review in EcoFactor, Inc. v. Google LLC scrutinizes the evaluation of expert testimony in patent damages cases, particularly focusing on factual bases.
Judge Albright allowed EcoFactor's damages expert to testify, leading to a $20 million damages claim from Google, relying on prior settlement agreements.
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