Intellectual Property
Nov. 7, 2025
Expert testimony in patent cases now harder to admit
A recent en banc decision by the Federal Circuit in EcoFactor, Inc. v. Google LLC (2025) -- left standing by the U.S. Supreme Court's denial of review -- has sparked widespread debate in the legal community for significantly heightening the scrutiny of expert testimony under Daubert and Federal Rule of Evidence 702, and for potentially shifting decision-making power over patent damages from juries to judges.
Dariush Adli
President
ADLI Law Group
444 S Flower St
Los Angeles , CA 90071
Email: adli@adlilaw.com
Univ of Michigan Law Sch; Ann Arbor MI
A recent en banc decision of the Federal Circuit Court of Appeal, which has plenary jurisdiction over all patent appeals, coupled with the subsequent very recent denial of review of the decision by the U.S. Supreme Court, has caused a stir and debate in the legal community regarding the decisions' impact on raising the level of scrutiny accorded to expert opinion testimony in support of proving patent damages at trial and shifting the balance of de...
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