EcoFactor, Inc. sued Google LLC in the Western District of Texas, alleging patent infringement of U.S. Patent No. 8,738,327, which relates to the operation of smart thermostats in computer-networked heating and cooling systems. After a jury trial, the jury found that Google infringed the asserted claim of the patent and awarded damages to EcoFactor. Google appealed three of the district court’s orders: the denial of Google’s motion for summary judgment that the patent was invalid under 35 U.S.C. § 101; the denial of Google’s motion for judgment as a matter of law of non-infringement of the patent; and the denial of Google’s motion for a new trial on damages.
The United States Court of Appeals for the Federal Circuit affirmed the district court's decisions. The court held that Google's appeal of the district court's denial of summary judgment was not appealable after a trial on the merits. The court also found that the jury's infringement verdict was supported by substantial evidence. Finally, the court held that the district court did not abuse its discretion in denying Google's motion for a new trial on damages. The court concluded that the damages expert's opinion was sufficiently reliable for admissibility purposes and that the expert sufficiently showed that the license agreements were economically comparable to the hypothetically negotiated agreement. View "ECOFACTOR, INC. v. GOOGLE LLC " on Justia Law
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