The NCLA filed an amicus brief asserting that Judge Pauline Newman must participate in the en banc rehearing of EcoFactor, Inc. v. Google, Inc., as her absence renders the court improperly constituted. The case stems from Google's appeal of a district court's denial of motions related to patent ineligibility and damages. The Federal Circuit had previously affirmed the district court's decisions. The NCLA argues that without Judge Newman, the case cannot be adjudicated effectively or legitimately, stressing her significance in the matter.
The Federal Circuit must allow Judge Newman to sit on the bench as part of any en banc rehearing. The Court's only other lawful option is to reinstate the panel decision previously issued in this case.
In Judge Newman's absence, the putative en banc court is improperly and deficiently constituted, it cannot adjudicate this important issue.
Judge Prost noted that Google's arguments regarding the unreliability of EcoFactor's expert's analysis were valid and failed to meet the standards of admissibility.
The NCLA's amicus brief contends that the case cannot be heard at all without Judge Newman, emphasizing her critical role on the panel.
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