On September 25, 2024, for only the second time since 2018, the U.S. Court of Appeals for the Federal Circuit granted a request for en banc review of a panel decision in a patent case. The case, EcoFactor Inc. v. Google LLC, 104 F.4th 243 (Fed. Cir. 2024), relates to patent damages and has the potential to tighten the reins on damages experts and provide more clarity for district court judges when deciding whether to exclude an expert’s damages testimony….
By: Manatt, Phelps & Phillips, LLP
By: Manatt, Phelps & Phillips, LLP
