US EditionThe Remedies Remedy is Almost Complete: EcoFactor v. Google
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The Remedies Remedy is Almost Complete: EcoFactor v. Google
by Dennis Crouch The Federal Circuit’s en banc decision in EcoFactor v. Google marks a significant tightening of standards for admitting patent damages expert testimony. The court (in an 8–2 split) overturned a $20 million jury award by excluding the patentee’s expert evidence as insufficiently reliable under Federal Rule of Evidence 702 and Daubert. Writing for the majority, Chief Judge Moore treated what traditionally might have been viewed as…
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