Exploring the Scope of EcoFactor v. Google

Exploring the Scope of EcoFactor v. Google

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WilmerHale Special Counsel Jason Liss will be speaking on an upcoming Intellectual Property Owners Association (IPO) webinar examining the EcoFactor v. Google decision on April 15, 2026, from 1–2 p.m. ET. 

The US Court of Appeals for the Federal Circuit’s recent decision in EcoFactor v. Google has drawn significant attention for its discussion of district courts’ gatekeeping responsibilities under Federal Rule of Evidence 702 and Daubert, particularly as they relate to expert testimony on patent damages. The opinion has important implications for how courts evaluate damages theories and expert methodologies in patent litigation.

This webinar will explore the Federal Circuit’s analysis in EcoFactor and examine how the decision may influence issues the en banc court did not expressly resolve, including questions of apportionment. The discussion will focus on what the ruling means for litigants, experts, and courts addressing patent damages going forward.

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