The Federal Circuit issued its long-awaited en banc opinion in EcoFactor v. Google, which provides further clarity on the admissibility standards for damages experts under Rule 702. This decision reverses the original panel’s...more
The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent....more
Damages experts in patent cases have a tough task. They must construct a hypothetical negotiation between the parties that would have taken place just before the alleged infringement started. And the goal of this hypothetical...more