Insights & Events

In EcoFactor Inc. v. Google, LLC, Hollingsworth LLP filed an amicus curiae brief in the U.S. Court of Appeals for the Federal Circuit. The court has taken the unusual step of granting en banc review to address the question of whether a federal district court properly applied Rule of Evidence 702 in a patent infringement case involving Google’s Nest smart thermostats. The decision will be significant as it should clarify how district courts across the nation handle expert testimony in patent cases.

The brief provides insight into the history of Rule 702 and the purpose behind the 2023 amendments to the Rule, which emphasize that judges, not juries, must ensure expert testimony is both reliable and relevant. By demonstrating the history of courts that have misinterpreted and misapplied the rule in spite of guidance to the contrary, the brief highlights the opportunity before the court to establish more uniform and rigorous application of Daubert. The brief also explains how failure to rigorously scrutinize expert evidence risks undermining due process and the fairness of trials.

Hollingsworth LLP continues to be at the forefront of the Rule 702 amendments and issues of admissibility of expert testimony. Counsel for the amicus brief were firm partner, Eric G. Lasker, firm associate, Katherine E. Nolan, and Lawrence S. Ebner of Atlantic Legal Foundation.