The recent amicus briefs supporting EcoFactor in its en banc case against Google assert significant implications for patent damages methodology. Legal experts, including Professor Michael Risch and the USIJ group, contend that Google's stance to restrict expert damages testimony jeopardizes foundational principles of patent law and potentially infringes on the Seventh Amendment's guarantee of a jury trial. Additionally, Professor Gregory Dolin's brief advocates for Judge Newman, who was suspended in 2023, to have a role in the en banc panel, suggesting further complexities in the case's judicial landscape.
Three new amicus briefs were filed in support of EcoFactor in the en banc case against Google, emphasizing potential threats to patent damages law.
The briefs argue that Google's push to limit expert damages testimony could undermine essential patent law and challenge the Seventh Amendment's right to a jury trial.
Professor Gregory Dolin's brief argues that Judge Newman, suspended in 2023, should be allowed to participate in the en banc panel.
The first two briefs emphasize that limiting expert testimony could jeopardize critical elements of patent damages law.
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