KLARQUIST NEWS
Klarquist Files Amicus Brief in EcoFactor v. Google, For En Banc Consideration at the Federal Circuit
Klarquist filed an Amicus Brief with the U.S. Court of Appeals for the Federal Circuit on behalf of SAS Institute and a coalition of technology and industry leaders in EcoFactor v. Google, urging that trial courts more rigorously enforce their gate-keeping duties under Federal Rule of Evidence 702 and Daubert. In a rare grant of en banc review, in response to Google’s petition, the Court will consider the trial court’s allowance of testimony from EcoFactor’s damages expert testifying as to a “reasonable royalty,” in which the expert assigned a per-unit royalty rate based on three EcoFactor licenses, for alleged infringement of one of EcoFactor’s patents. Amici are represented by Kristin Cleveland and John Vandenberg.
Read the full brief here.