On November 26, 2024, Unified filed an amicus brief with the en banc Federal Circuit in EcoFactor, Inc. v. Google LLC, No. 23-1101. The full Court will be reviewing the proper standard under Rule 702 for admissibility of expert testimony regarding reasonable royalties in patent cases. Specifically, the Court will be considering a decision involving the admissibility of expert testimony that relied primarily on an inoperative clause stating the patent owner's "belief" to extract a single-patent royalty from lump-sum settlement agreements covering many patents. Unified wrote to advise the court on the prejudicial harms of admitting outsized damages theories before a jury.
Unified Patents is represented by William G. Jenks of Jenks IP Law, and by in-house counsel, Michelle Aspen and Jonathan Stroud. Download the amicus brief below.