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En banc Federal Circuit says EcoFactor expert testimony was inadmissible

( May 22, 2025, 15:28 GMT | Official Statement) -- MLex Summary: Google is entitled to a new trial on damages owed to EcoFactor for infringing its smart thermostat patent, according to a divided en banc ruling by the US Court of Appeals for the Federal Circuit. Writing for the 8-2 court, US Circuit Judge Kimberly Moore said David Kennedy, an expert for EcoFactor, offered an unreliable opinion, which US District Judge Alan D. Albright of the Western District of Texas wrongly allowed to be presented to jurors.  US Circuit Judges Alan Lourie and Leonard Stark both authored partial concurrences and partial dissents, arguing — among other things — that the majority strayed beyond their stated purpose in granting en banc review and that their decision could constrain damages experts in a manner "not called for by" Rule of Evidence 702 and the Supreme Court's 1993 ruling in Daubert v. Merrell Dow Pharmaceuticals.See attached document....

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