White & Case Drafts Amicus Brief for Lawyers For Civil Justice; Federal Circuit Grants Rehearing En Banc in Google v. EcoFactor to Address Expert Evidence Admissibility

Global law firm White & Case LLP has filed an amicus brief, submitted on behalf of Lawyers for Civil Justice (LCJ), which played a crucial role in the Federal Circuit granting a rehearing en banc in Google LLC v. EcoFactor, Inc. This marks the first time in years that the court has agreed to review an en banc case involving utility patents.

White & Case partners Yar Chaikovsky and Mark Davies prepared the brief, emphasizing the necessity for adherence to Federal Rule of Evidence 702, arguing that the district court had failed in its gatekeeping role by allowing expert testimony that did not meet the rule's criteria. The court's order limits rehearing to "the district court's adherence to Federal Rule of Evidence 702 and Daubert…."

Lawyers for Civil Justice is a national coalition of defense trial lawyer organizations, law firms, and corporations dedicated to promoting fairness and efficiency in the civil justice system. For more than 30 years, LCJ has advocated for procedural reforms aimed at reducing litigation costs and burdens while advocating predictability in legal proceedings. LCJ's interest in the Google v. EcoFactor case is rooted in its mission to ensure a consistent interpretation of the recently amended Rule 702 across federal courts. By supporting the en banc rehearing, LCJ seeks to correct the district court's misapplication of Rule 702, and thereby foster a more balanced and predictable litigation environment.

This decision follows a petition by Google challenging a US$20 million damages award for patent infringement related to smart thermostat technology. The court's move to reconsider the case en banc comes after a split panel decision in June, which upheld the damages calculated by EcoFactor's expert despite significant controversy over the methodology used.

The full amicus brief is available here.

The White & Case team includes partners Yar Chaikovsky (Silicon Valley) and Mark Davies (Washington, DC) and associates Michael Costello-Caulkins and Maimouna Diarra (Silicon Valley) and Ethan Plail (Washington, DC).

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