EcoFactor narrows patent damages testimony standards in the United States

Charles R Macedo and Michael L Downs

Journal of Intellectual Property Law and Practice, 2025, vol. 20, issue 11, 699-701

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.

Date: 2025
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