AIPLA Files Amicus Brief in EcoFactor, Inc. v. Google LLC

Arlington, VA. November 26, 2024 –  The American Intellectual Property Law Association (AIPLA) filed an amicus brief in EcoFactor, Inc. v. Google LLC, in support of neither party. The appeal involved a challenge to a district court’s decision to admit testimony from a damages expert who relied on prior licenses to support his opinion about a reasonable royalty. A Federal Circuit panel initially held the testimony sufficiently reliable and admissible under Federal Rule of Evidence 702 and Daubert, but the Court subsequently asked for further briefing on the application of Rule 702 and Daubert standards in evaluating the testimony, specifically how the damages expert justified the applicability of these licenses to the current case.

AIPLA argued that for an expert's reasonable royalty opinion to be admissible, it must show that any prior license agreements used are comparable to the hypothetical negotiation relevant to the case at hand, or have been suitably adjusted for such comparability. AIPLA further contends that district courts should maintain broad discretion under the abuse of discretion standard to evaluate various evidence and methodologies, emphasizing that this discretion is crucial for their gatekeeping role under Daubert. AIPLA supports the view that district courts are best positioned to judge the admissibility of expert testimony due to their direct engagement with the cases and the testimony presented. Oral arguments have not yet been scheduled.

Please download the brief posted to the right of this page to view in full.