Is Google Simply Asking for More Efficient Infringement?

by Dennis Crouch

Three new amicus briefs were recently filed supporting EcoFactor in the pending en banc case against Google over patent damages methodology.

• Risch Brief
• USIJ Brief
• Dolin Brief

The briefs - one from Law Professor Michael Risch along with a group of patent trial attorneys and another from the Alliance of U.S. Startups and Inventors for Jobs (USIJ) argue that Google's position - further limiting expert damages testimony - threatens to undermine core aspects of patent damages law while potentially violating the Seventh Amendment's right to a jury trial.  The third brief, filed by Professor Gregory Dolin argues that Judge Newman - who the court "temporarily" suspended in 2023 - should be permitted to sit on the en banc panel.  (I put "temp" in scare quotes because it appears that this suspension is - in fact - permanent).