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Applicability of EcoFactor to Apple's US appeal could hinge on standard of review

By Melissa Ritti ( June 9, 2025, 15:55 GMT | Insight) -- A recent rejection by the full US Court of Appeals for the Federal Circuit of the methodology employed by an expert for EcoFactor has no bearing on that same expert’s proposal of reasonable royalty damages owed by Apple to Optis, the standard-essential patent owner argued last week. To the contrary, Optis maintains the divided en banc ruling in favor of Google “confirms that other agreements can establish royalty structure,” and characterizes David Kennedy’s incremental-value analysis as “unchallenged” by Apple on appeal. But his analysis was critiqued in the software giant’s pleadings and at oral argument last month, raising the possibility that licenses Qualcomm granted to Apple in 2019 could be reviewed de novo — as three EcoFactor licenses were, in its clash with Google.Efforts by Apple to vacate a $300 million jury award in a damages-only retrial in view of an intervening appellate decision are facing pushback....

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