Journal of Intellectual Property Law & Practice, jpaf061, https://doi.org/10.1093/jiplp/jpaf061
In this Oxford University Press article by Charley Macedo and Michael Downs, which appeared in the Journal of Intellectual Property Law & Practice, the authors examine the Federal Circuit’s en banc decision in EcoFactor v. Google.
Abstract
In EcoFactor, Inc v Google LLC, 137 F4th 1333 (Fed Cir 2025) (en banc), the full court of the US Court of Appeals for the Federal Circuit (‘Federal Circuit’) addressed the court’s role as a gatekeeper with respect to damage experts. In particular, Chief Judge Moore, writing for the court, concluded that it was improper for the trial court to allow a damages expert to testify that lump-sum settlement payments were evidence of what a reasonable royalty would be without corroboration that such payments were royalties.