In the Press
April 15, 2025

EcoFactor v Google Unlikely to Result in ‘Tectonic Shifts in the Law’ (World IP Review)

Goodwin partner Robert Frederickson and associate Jordan Bock write for World IP Review that expectations were high before the Federal Circuit’s March 13, 2025 en banc argument in EcoFactor v Google. It has been nearly a decade since the Federal Circuit issued an en banc decision addressing substantive district-court litigation practice involving utility patents, instead tackling issues relating to inter partes review practice, appellate procedure, and design patents. In EcoFactor, however, the full court was poised to reshape a frequent battle ground in patent cases: how to evaluate the reliability of expert testimony on damages under Federal Rule of Evidence 702. Not surprisingly, then, the case attracted significant attention, including a flood of amicus briefs from the likes of Dell, Intel, Apple, Cisco, Garmin, Red Hat, Tesla, SAP America, SAS Institute, Symmetry, VIZIO, and Uber.