In the Westlaw Today article “Google’s Win in EcoFactor Patent Spat Evokes Concerns Over Damages Calculations,” partner Brian Horne shared his perspective on how the Federal Circuit’s decision could impact future patent litigation.
Mr. Horne suggested that “district courts will more closely review self-serving clauses parties often include in settlement and license agreements,” because of the court’s decision. Expanding on the ruling’s potential effects, he said, “[T]he opinion could cause district courts to scrutinize damages claims even further and possibly resolve factual disputes on Daubert rather than allow the jury to resolve the dispute.”
Mr. Horne also noted that this increased scrutiny on damages claims could potentially increase the cost of patent litigation.
Read the full article here.
