Google, EcoFactor Patent Retrial Over Nest Damages Postponed

Aug. 19, 2025, 5:44 PM UTC

A Texas federal judge paused a retrial in EcoFactor Inc. and Google LLC’s $20 million dispute over Nest thermostats while plaintiffs consider appealing a decision that invalidated the patent at the heart of the case.

The pause comes after the Patent Trial and Appeal Board invalidated the sole remaining claim of US Patent No. 8,738,327 in January. The PTAB on July 31 then denied EcoFactor’s request for a rehearing, leaving the company with the option to appeal to the US Court of Appeals for the Federal Circuit.

With that appeal looming, Judge Alan Albright of the US District Court ...

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